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The Lay of the Land DEVELOPMENTS IN CANADIAN REAL PROPERTY LAW

Tag Archives: Builders Lien Act

The Iona Decision (National) – Supreme Court of Canada dismissal bolsters priority of builders’ lien trust

Posted in Construction, Land Use

On April 14, 2016, the priority of statutory trust protections afforded to subcontractors and suppliers under Alberta’s lien legislation was strengthened: the Supreme Court of Canada dismissed an appeal in Iona Contractors Ltd. v. Guarantee Company of North America, 2015 ABCA 240, thereby bolstering the priority of the trust even in the face of a bankrupt general contractor.… Continue Reading

How long is the builders’ lien registration period for drilling and/or servicing a well or well site on an oil sands project? Spoiler Alert – it’s 90 Days!

Posted in Construction, Land Use, Litigation

In the recent decision of Davidson Well Drilling Limited (Re), 2016 ABQB 416 (“Davidson”) the Court of Queen’s Bench of Alberta held that the 90-day lien period to register a lien against an “oil or gas well” or “oil or gas well site” applies to drilling on oil sands mines. The Court also concluded that the costs of trucking equipment away from a project site after it is completed may, in certain circumstances, be properly included in a builders’ lien.… Continue Reading

The Builders’ Lien Trust – A Separate Statutory Right

Posted in Construction, Policy

On September 18, 2015, in Stuart Olson Construction Ltd. v Structal Heavy Steel, the Supreme Court of Canada held that builders liens and statutory trusts are separate remedies that exist independently of one another and may be pursued concurrently by a subcontractor pursuant to the terms of the Manitoba Builders Lien Act.1 One effect of this decision is that a lien bond posted to discharge a lien will not discharge a contractor’s trust obligations. Structal has application to all other jurisdictions that employ the concept of a builders’ lien trust, including Alberta, Ontario and British Columbia.… Continue Reading

Proposed amendment to Builders Lien Act expected to be controversial

Posted in Commercial, Construction, Land Use, Policy

On May 5th 2015, Members’ Bill M 216 received first reading in the BC Legislative Assembly. The proposed Builders Lien Notice to Owners Act would amend the Builders Lien Act to impose two new preconditions on a party’s right to file a claim of lien: (1) service of a detailed written notice on the land owner of the lien claimant’s intention to file a claim of lien, and (2) proof that the owner has been served.… Continue Reading

Lien Out: Arbitrary Protection for Pre-Construction Consultants

Posted in Construction

Those who claim a builders lien must comply strictly with the requirements of the Builders Lien Act, and owners (or at least their counsel) are frequently on the lookout for liens that can be extinguished for a failure to satisfy such requirements. The recent BC Supreme Court decision in Stanley Paulus Architect Inc. v. Windmill Holdings Ltd., 2014 BCSC 1816 serves as a reminder of one fundamental requirement: in order to claim a lien there must be an “improvement” within the meaning of the Act.  More particularly, there is no “improvement” where construction has not yet commenced … Continue Reading