ARTICLE · 25 JUNE 2024

Lien Enforcement: Resolving Limitation Period Contradictions

Reynolds Mirth Richards & Farmer

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The Alberta Court of King's Bench recently addressed an appeal of the 2023 Lesenko v Wild Rose Ready Mix Ltd decision. The Appeal concerns the enforceability of court ordered limitation periods under the Prompt...

CanadaReal Estate and Construction

The Alberta Court of King's Bench recently addressed an appeal of the 2023 Lesenko v Wild Rose Ready Mix Ltd decision. The Appeal concerns the enforceability of court ordered limitation periods under the Prompt Payment and Construction Lien Act (PPCLA).

Background

Wild Rose (the "Subcontractor") was hired to supply concrete for Lesenkos' property. Lesenkos (the "Owner") did not pay for the concrete. Accordingly, the Subcontractor filed two liens on the property pursuant to the PPCLA.

Months later, the Court granted a Consent Order under which both parties agreed to have the outstanding amount owed paid into Court so that the liens could be discharged from the Owner's title.

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