Legal FAQs

How do I vacate the registration of a lien that is for an excessive amount?

Pursuant to Subsection 44(2) of the Construction Lien Act, a person can bring a motion with notice to the lien claimant to obtain an order vacating the registration of a claim for lien upon the payment into court or the posting of security for a reasonable amount. The reasonable amount will usually be equal to the value of the lien as determined by the court plus 25% of that amount or $50,000.00, whichever is less.