The gatekeeper function when preserving a construction lien
Preserving/registering a construction lien can be stressful for construction lawyers. This is often due to the tight deadlines prescribed by the Construction Act, R.S.O. 1990, c. C.30 (the “Act”) to preserve the lien. Construction lawyers are often faced with receiving […]
Security for costs in a construction lien action
Introduction The registration of a construction lien under Ontario’s Construction Act, R.S.O. 1990, c. C.30 (formerly known as the Construction Lien Act) (the “Act”) is a powerful means of helping contractors and subcontractors to secure, at least in part, a […]
Can construction breach of trust and construction lien claims be joined?
Introduction Determining legislative intent – or, at a more basic level, the current state of the law – when interpreting a statute can be difficult. When reading certain provisions of a statute, steps should be taken to, among other things, […]
Landlords and tenants: Navigating leasehold interests, liens and the Construction Act
Changes to the Construction Act (formerly the Construction Lien Act) (the “Act”) include new provisions, which: expose a landlord’s interests in premises to liens arising from a tenant’s work where a landlord and tenant agree in a lease or any […]
Know Where You Stand: Priorities Under the Ontario Construction Act
In 2016, the Ontario government released Striking the Balance: Expert Review of Ontario’s Construction Lien Act, which proposed substantive changes to Ontario’s construction legislation. Ontario adopted the majority of the review’s proposed amendments and Ontario’s Construction Lien Act has since […]
