Legal Blog

Limitation – Lien Perfection

Pryers Construction Ltd v. MVMB Holdings Inc. 2019 Ont SCJ (Div Ct)

Lien claimant did not commence an action to perfect its lien within 90 days of the lien preservation expiry date. The trial judge purported to use the doctrine of “special circumstances” to extend the time. The Divisional Court overturned; the date set out in the Construction Act is a hard date and is not subject to any discretion. Worse yet, not only did the court hold that the lien was invalid, it held that the claimant’s contractual claim was also out of time, this time by way of the 2-year limitation period under the Limitations Act.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.