Do you think you are out of time to register a construction lien? Was your last date of supply of services or materials to the project site greater than 45 days ago (60 days under the new Act)? Think again. There is Ontario case law that suggests that you may still have time to lien the project in certain circumstances provided that your intention is to complete your contract.
In the case entitled D'Urzo Demolition Inc. v. Damaris Developments Inc., 2012 ONSC 1912, a trade had stopped work due to non-payment and left the project site for at least two months; it was well past the 45 days to lien the job. The trade believed it would return to complete the work once a dispute between the developers was sorted out. At some point, the trade lost faith and concluded that it would not be returning to the project site to complete the work. It liened the project. The Court held that the trade's construction lien was valid as the lien was preserved within 45 days of the trade forming the intention not to continue the contract work. It mattered not that this intention was formed after the 45 day period following last date of supply of services or materials.
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.
