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 us of the land, structure or works.  The amendment also adds to the definition of improvement the complete or partial demolition or removal of any building, structure or works on land:  Open for Business Act, 2010, S.O. c. 16, Annex 2, s. 2.  This amendment is thought to have been enacted to over-rule the decision in Kennedy Electric Ltd. v. Rumble Automotive Inc. (2006), 64 C.L.R. (3d) 33 (Ont. C.A.):