Not So Common Knowledge: BC Supreme Court Clarifies Process For Enforcing Liens Against Common Property

A recent BC Supreme Court decision has clarified the parties that must be named in an action to enforce a builders lien involving common property.

In Primex Industries v. The Owners, Strata Plan LMS 1751, 2016 BCSC 2092, the BC Supreme Court ruled that a lien claimant must name all of the owners in a strata corporation, and cannot simply sue the strata corporation itself.

Background

The Primex decision involved a strata property in Vancouver with over 100 strata lots.  The strata corporation, on behalf of its owners, engaged Primex to conduct paneling work on the common property of the complex.  A dispute between the parties arose and Primex was not paid.  Primex subsequently filed a claim of lien against each of the individual strata lots.