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ARTICLE · 11 SEPTEMBER 2018

Get Your Forms In Order For A Written Notice Of Lien

There are several new prescribed forms under Ontario's recently amended Construction Act that all players involved in the construction industry should be aware of.

CanadaReal Estate and Construction

There are several new prescribed forms under Ontario's recently amended Construction Act that all players involved in the construction industry should be aware of.

One of those forms is the new "prescribed form" of the written notice of lien. Prior to the amendment, a written notice of lien was defined in s. 1(1) of the Act as follows: "written notice of a lien includes a claim for lien and any written notice given by a person having a lien that, (a) identifies the payer and identifies the premises, and (b) states the amount that the person has not been paid and is owed to the person by the payer."

As of July 1, 2018, a "written notice of lien" means a written notice of a lien in the prescribed form, given by the person having a lien. Essentially, the necessary requirements for the written notice came out of the definitions section of the Act and found their way into one of the prescribed forms, contained in a regulation to the Act. All the forms are available for

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