Lien On Me: B.C. Court Cancels Builder's Lien Due To Procedural Misstep

Co-Authored by Theo Jeffreys (Summer Law Student).

In Scandia Paving Ltd. v. Bengag (Scandia Paving), the Supreme Court of British Columbia (Court) cancelled the plaintiff's builder's lien because the plaintiff commenced its enforcement action in the wrong court registry. The Court had discretion to preserve the lien by transferring the action to the correct court registry, but declined to do so, principally due to the plaintiff's failure to act swiftly to correct the procedural error once it became known. The Court's decision illustrates the importance of lien claimants complying with all of the technical and procedural requirements for perfecting and preserving their lien claims.