“Ontario Lifting Suspension Of Lien Periods”
Robert Farmer, Andrew J. Skinner and Stewart J. Wallace of Dickinson Wright provide a very useful short summary of the lifting of the suspension of certain lien periods under the Construction Act (formerly the Construction Lien Act).
“One of the perhaps unintended consequences of this order was the suspension of the deadline for suppliers of goods and services on construction projects to register / perfect a lien (“Lien Periods”). By suspending the Lien Periods owners could no longer release holdbacks on construction projects without the risk of having a supplier of goods or services lien the subject property after release of the holdback – resulting in adverse consequences to the owner who may have to pay additional amounts for the same supply of goods and or services. […]”
“[T]he Ontario government has addressed these issues by ordering an amendment to the Regulation which amendment lifts the suspension of limitation periods and procedural time periods under the Construction Act.”