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Civil Litigation

Construction liens

Preserving, perfecting, defending, and discharging liens under Ontario's Construction Act — a regime governed entirely by deadlines.

Construction lien rights are powerful and unforgiving. They expire on fixed timelines, and no amount of merit revives a lien that was not preserved in time.

The deadlines

Under the current Construction Act, a lien must generally be preserved by registration within sixty days of the last supply of services or materials, or of substantial performance, and then perfected by commencing an action within ninety days of the last day for preservation. Contracts predating the amendments may fall under the former forty-five and forty-five day scheme.

If a lien has been registered against your property

A lien clouds title and will stop a sale or refinancing. It can be vacated by posting security, and an inflated or improperly registered lien can be challenged with costs consequences for the party who registered it.

Questions clients ask

Can I lien if I was a subcontractor?

Yes. Lien rights extend down the construction pyramid to anyone supplying services or materials to an improvement, subject to the same deadlines.

This page is general information about Ontario law, not legal advice for your situation. Book a consultation for advice on your own matter.

Consultation

Get a candid read on your dispute.

Send the key documents and you will receive an honest assessment of merits, realistic cost ranges, and a recommended route — including when not to litigate.

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