Legal Blog:
Lien Strategy
We have already talked extensively in other issues of this newsletter about improper liens and liens for excessive amounts. Even when there is an improper lien, the remedy accorded to the owner must still be appropriate. The owner in Carosi Construction v. Barrie & District Association, a decision of the Ontario Court (General Division), learned this lesson the hard way.
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We continually preach that the party who is perceived to have not played by the rules gets the short end of the stick. The lien claimant in Triple “R” Demolition Inc. v. 1188648 Ontario Limited, a 1998 decision of the Ontario Court (General Division), is the latest example of this unwritten policy of the courts.
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