Can a lien be cancelled if it claims an unreasonable amount owed? Can s. 24 of the Builders Lien Act be used as a backdoor method of cancelling a lien? Are remedies under the Land Title Act available in a builders’ lien action? Is there a price to be paid for asking these questions? The answers lie within.
In which a summary application goes from easy to nightmarish, and civil litigators encounter that most feared thing: the rules of evidence.
The future (of litigation procedure) doesn’t arrive on every doorstep at the same time.
Case Review – Bird Construction Group v. Trotter and Morton Industrial Contracting Inc., 2023 MBCA 64
What do teenagers and statutory drafting have in common? Evolving slang. Also on today’s linguistics-themed menu: the difference between a holdback and a holdback account, and the difference between lien provisions and trust provisions.
Lessons Learned Preparation to dispute payment to a contractor should focus on ensuring that claims made by the owner agree with the owner’s documentary
Construction 2425 Bayview Avenue in North York is situated in the middle of one of Toronto’s most desirable neighbourhoods. A previous developer of the
Lessons Learned 1. Contrary to Inesco, a 1986 decision of the Ontario Superior Court, school portables can constitute a lienable improvement in the right
Lessons Learned Do not assume that because a closely-related matter is working its way through the appellate courts that the limitation period in your
Lessons Learned Canadian courts and legislative bodies continue to promote efficient lien claims and protect them from the gravitational pull of pre-trial litigation sprawl,
Lessons Learned Take advantage of the intended efficiencies of builders’ lien procedure by cooperating with other lienholders and the court to streamline filings and