Thomas G. Heintzman, O.C., Q.C., FCIArb

Date of last supply of services and materials-Consultant

Construction Lien Act-Date of last supply of services and materials-Consultant:  The supplier returned to site to install materials due to error in instructions from owner.  The time for filing lien ran from the date of that attendance. Certificate of completion issued by the owner, instead of a consultant, was ineffective to cut off the date […]

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Lien by Related Company

Construction Lien Act –  Lien by related company: If the lien is filed by a related company to the owner such that it would be unjust to allow the same group to lien their own property, the lien may be discharged: Federated Contractors v. Ann-Maura Developments, 2010 ONSC 346

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Intervention by Bonding Company

Bonds – Construction lien action – Intervention by bonding company: A bonding company which has issued a Form 15.1 bond in lieu of the land and premises under s. 44 of the Ontario Construction Lien Act has no inherent right to intervene in the lien action. It will only be granted leave to intervene in […]

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Construction Lien action – Discovery Planning

Discovery planning is not necessarily part of a lien action since s. 67(2) of the Ontario Act mandates that interlocutory proceedings are not to be undertaken unless needed and only with leave of the court: Lecompte v. Doran, 2010 ONSC 6290

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Construction Lien Action-Security for Costs

Construction Lien Action – Security for Costs In a motion by the defendant to require the plaintiff in a lien action to post security for costs, bald assertions of impecuniosity by the plaintiff are insufficient.   The plaintiff must provide supporting documentation as to whether the sole shareholder can borrow against the remaining assets of the […]

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Construction Lien Action – Summary Judgment

Leave to bring a summary judgment motion can be granted under s. 67(1) of the Ontario Act in a construction lien action; 6007325 Canada Inc. v. LPQ 18 Yorkville Avenue Inc. and Great Gulf (Yorkville) Ltd., 2010 ONSC 2844

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Construction Lien Act – Improvement

January 2011 Construction Lien Act – Improvement:  The Ontario Construction Lien Act has been recently amended to broaden the definition of “improvement”.  That definition now includes the installation of industrial, mechanical, electrical or other equipment on the land or any building, structure or works on the land that is essential to the normal or intended […]

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Name of Lien Claimant-Strict Construction

Construction Lien Claim – Name of lien claimant-Strict Construction:  When the owner consented to the amendment of the lien claimant to the name of the corporate plaintiffs and pleaded to that claim admitting that the contract was with the corporation, it could not later rely on strict compliance with the Act and insist that the contract […]

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Trust Fund Claim by Supplier

Construction Lien Action- Trust Fund Claim by Supplier:  In order for a trust fund claim to arise under s. 8 of the Ontario Act in favour of a supplier, it is not necessary that the supplier intended that the material be used for the purposes of a known and identified improvement. It is sufficient if: […]

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