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ARTICLE · 26 JULY 2021

Timing Is Everything: Claims Of Lien And Releasing Holdbacks

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A recent Saskatchewan Court of Appeal judgment significantly clarifies owner liability for claims of lien registered after the time for release of the holdback.

CanadaReal Estate and Construction
Andrew Konopelny
Andrew Konopelny
Josh Morrison
Josh Morrison
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A recent Saskatchewan Court of Appeal judgment significantly clarifies owner liability for claims of lien registered after the time for release of the holdback. The Court of Appeal's decision also clarifies the effect of an order discharging a lien versus registration of the order.

In Hastings Enterprises Ltd. v 7-Eleven Canada Inc., 2021 SKCA 70 (Hastings Enterprises), the Saskatchewan Court of Appeal affirmed a Chambers decision on the validity of claims of lien that subcontractors had registered after the release of holdback.

Background on Claims of Lien after Holdback Release

The case concerned the construction of a convenience store. Near the end of the project, several subcontractors filed builders' liens:

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