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ARTICLE · 21 MAY 2026

When Lien Security Is On The Line: The Evidentiary Standard To Lien For Delay Damages

In the fall of 2025, we reported on a British Columbia Supreme Court decision involving a dispute over electrical work on a heritage hotel redevelopment in Victoria.

CanadaReal Estate and Construction

In the fall of 2025, we reported on a British Columbia Supreme Court decision involving a dispute over electrical work on a heritage hotel redevelopment in Victoria. Since then, the Court has released another decision involving the same project, Mazzei Electric Ltd. v. Aragon (English Inn) Development Corp., 2026 BCSC 562 (Mazzei #2), which underscores that lien claimants must support the value of their claims with solid evidence.

Background

In the original July 2025 decision, Mazzei Electric Ltd. v. Aragon, 2025 BCSC 1435 (Mazzei #1), Mazzei’s lien claim included a CA$2.3 million delay claim. The Court found that the delay claim was "anticipated" only and was not supported by evidence of actual work performed or materials supplied. As a result, the Court ordered that no security was required for the delay claim portion of the lien, and set security at the holdback amount of CA$285,717.88. Importantly, the Court noted that its order did "not prejudice the plaintiff from filing

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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