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

Unjust Enrichment

Unjust Enrichment–Construction lien action:  A supplier cannot assert an unjust enrichment claim against an owner, particularly if the contractor has asserted a construction lien claim.  The contract between the owner and the contractor is a juristic reason for the unjust enrichment claim being disallowed, and the absence of any dealings between the owner and the […]

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Unjust Enrichment-Construction lien action

Unjust Enrichment-Construction lien action:  If a construction lien claim is struck down because the claim does not meet the technical requirements of the Construction Lien Act, a personal claim in unjust enrichment may be made if it arises out of the same circumstances as the lien: Juddav Designs Inc. v. Cosgriffe, 2010 ONSC 6597

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Date of last supply of services or material

Construction Lien Act- Date of last supply of services or material: Repair or deficiency work will not extend the 45 day period under s. 31 of the Ontario Act for the registration of the lien, even if the repair work arises from external forces such as weather: Vaughan-Scape v. Watermark Developments, 2010 ONSC 1365. See

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Construction Lien Act-Date of last supply

Construction Lien Act – Date of last supply of services and materials: The attendance by a paving reinforcement subcontractor at an off-site meeting to deal with the claim of that subcontractor and the main contractor does not amount to the supply of services and does not extend the lien period: Hugormark v. HMTQ, 2010 ONSC […]

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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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