Legal Blog

Unlienable Items

Chesney v. Malamis 2023 Ont SCJ

Contractor liened for the amount specified in his invoice. It was apparent that all but $15,000 of the invoice had nothing to do with actual work being valued; it was, in essence, a claim for an equitable interest in the property being renovated. The judge noted that the damages such as loss of profits, lost opportunity costs, property management fees, and head office overhead were not improvements and were not lienable. The judge reduced the security from $173,000 to $15,000.

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