Call us: (905) 366 9700
Legal Blog:
Apr
30
2013
I am going to court. How do I address the presiding court officer?
Judges are called “Your Honour”. Masters are called “Master”. Justices of the Peace are called “Your Worship”
Continue Reading >Apr
29
2013
Do I need to hire a lawyer to represent me?
Individuals may represent themselves at any level of court in Ontario. However, a corporation requires a lawyer to represent it in Superior Court, or it must obtain the permission of the Court to have a non-lawyer represent it.
Continue Reading >Apr
26
2013
I have a small legal matter; in which court do I sue?
If the matter is worth $25,000 or less, not including interest and legal costs, you commence an action in the Small Claims Court. If it is worth more than $25,000, the action is commenced in the Superior Court of Justice.
Continue Reading >Apr
25
2013
Who is an “Owner”?
Under the Construction Lien Act, an “owner” means any person, including the Crown, having an interest in a premises at whose request and upon whose credit, on whose behalf, with whose privity or consent, or for whose direct benefit an improvement is made to the premises, but does not include a home buyer.
Continue Reading >Apr
23
2013
What is an “improvement”?
Under the Construction Lien Act, an “improvement” means any alteration, addition or repair to the land; and construction erection or installation on the land; or the complete or partial demolition or removal of any building, structure or works on the land.
Continue Reading >Apr
22
2013
Who is a “Crown” under the Construction Lien Act?
The definition of Crown in the Construction Lien Act is not particularly helpful. A Crown includes a Crown agency to which the Crown Agency Act applies.
Continue Reading >Apr
19
2013
When does a lien arise?
Pursuant to Section 15 of the Construction Lien Act a person’s lien arises and takes effect when the person first supplies services and materials to the improvement.
Continue Reading >Apr
18
2013
When does a lien not attach to the premises?
Pursuant to Section 16(3) of the Construction Lien Act, a lien does not attach to the premises where the Crown as defined in the Act is the owner of the premises or where the premises is a public street or highway owned by a municipality or a railway right-of-way.
Continue Reading >Apr
16
2013
How does a lien claimant perfect its lien?
Without getting into the concept of “sheltering” a lien claimant perfects its preserved lien when it commences an action to enforce the lien. If the lien attaches to the premises then there is the additional requirement of registering a certificate of action on title if the registration of the lien has not been vacated by court order.
Continue Reading >Apr
15
2013
How does a lien claimant preserve its lien?
Pursuant to Section 34(1) a lien may be preserved at any time before it expires by registering a claim for lien on the title of the premises where the lien attaches to the premises or by giving the owner a copy of the claim for lien where the lien does not attach to the premises.
Continue Reading >