jswizzle3737/ontario_laws_and_regs huggingface dataset:
19 (1) If the interest of the owner to which a lien attaches is leasehold, and if payment for all or part of the improvement is accounted for under the terms of the lease or any renewal of it, or under any agreement to which the landlord is a party that is connected to the lease, the landlord’s interest is also subject to the lien, to the extent of 10 percent of the amount of such payment. 2017, c. 24, s. 16 (1). Forfeiture or termination of lease, effect of (2) No forfeiture of a lease to, or termination of a lease by, a landlord, except for non-payment of rent, deprives any person having a lien against the leasehold of the benefit of the person’s lien.  R.S.O. 1990, c. C.30, s. 19 (2). Notice to lien claimants (3) Where a landlord intends to enforce forfeiture or terminate a lease of the premises because of non-payment of rent, and there is a claim for lien registered against the premises in the proper land registry office, the landlord shall give notice in writing of the intention to enforce forfeiture or terminate the lease and of the amount of the unpaid rent to each person who has registered a claim for lien against the premises.  R.S.O. 1990, c. C.30, s. 19 (3); 2017, c. 24, s. 16 (2), 71. Payment of unpaid rent (4) A person receiving notice under subsection (3) may, within ten days thereafter, pay to the landlord the amount of the unpaid rent, and the amount so paid may be added by that person to the person’s claim for lien.  R.S.O. 1990, c. C.30, s. 19 (4); 2017, c. 24, s. 63. Landlord as owner (5) Nothing in this section prevents a determination in respect of a premises that the landlord is instead its owner, if he or she meets the criteria set out in the definition of “owner” in subsection 1 (1). 2017, c. 24, s. 16 (3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 16 (1, 3) - 01/07/2018; 2017, c. 24, s. 16 (2), 63, 71 - 12/12/2017
20 (1) Where an owner enters into a single contract for improvements on more than one premises of the owner, any person supplying services or materials under that contract, or under a subcontract under that contract, may choose to have the person’s lien follow the form of the contract and be a general lien against each of those premises for the price of all services and materials the person supplied to all the premises.  R.S.O. 1990, c. C.30, s. 20 (1); 2017, c. 24, s. 72. Where subs. (1) does not apply (2) Subsection (1) does not apply and no general lien arises under or in respect of a contract that provides in writing that liens shall arise and expire on a lot-by-lot basis.  R.S.O. 1990, c. C.30, s. 20 (2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 72 - 12/12/2017
21 The lien of a person is a charge upon the holdbacks required to be retained by Part IV, and subject to subsection 17 (3), any additional amount owed in relation to the improvement by a payer to the contractor or to any subcontractor whose contract or subcontract was in whole or in part performed by the supply of services or materials giving rise to the lien.  R.S.O. 1990, c. C.30, s. 21;  2017, c. 24, s. 67. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 67 - 12/12/2017 PART IV   Holdbacks Holdbacks
22 (1) Each payer upon a contract or subcontract under which a lien may arise shall retain a holdback equal to 10 per cent of the price of the services or materials as they are actually supplied under the contract or subcontract until all liens that may be claimed against the holdback have expired or been satisfied, discharged or otherwise provided for under this Act.  R.S.O. 1990, c. C.30, s. 22 (1); 2017, c. 24, s. 17 (1), 66. Separate holdback for finishing work (2) Where the contract has been certified or declared to be substantially performed but services or materials remain to be supplied to complete the contract, the payer upon the contract, or a subcontract, under which a lien may arise shall retain, from the date certified or declared to be the date of substantial performance of the contract, a separate holdback equal to 10 per cent of the price of the remaining services or materials as they are actually supplied under the contract or subcontract, until all liens that may be claimed against the holdback have expired or been satisfied, discharged or otherwise provided for under this Act.  R.S.O. 1990, c. C.30, s. 22 (2); 2017, c. 24, s. 17 (2), 66. When obligation to retain applies (3) The obligation to retain the holdbacks under subsections (1) and (2) applies irrespective of whether the contract or subcontract provides for partial payments or payment on completion.  R.S.O. 1990, c. C.30, s. 22 (3). Permissible forms of holdback (4) Some or all of any holdbacks may, instead of being retained in the form of funds, be retained in one or more of the following forms: 1.  A letter of credit in the prescribed form. 2.  A demand-worded holdback repayment bond in the prescribed form. 3.  Any other form that may be prescribed. 2017, c. 24, s. 17 (3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 17 (1, 2), 66 - 12/12/2017; 2017, c. 24, s. 17 (3)
- 01/07/2018
23 (1) Subject to subsections (2), (3) and (4), an owner is personally liable for holdbacks that the owner is required to retain under this Part to those lien claimants who have valid liens against the owner’s interest in the premises.  R.S.O. 1990, c. C.30, s. 23 (1); 2017, c. 24, s. 70. Limitation (2) Where the defaulting payer is the contractor, the owner’s personal liability to a lien claimant or to a class of lien claimants as defined by section 79 does not exceed the holdbacks the owner is required to retain.  R.S.O. 1990, c. C.30, s. 23 (2). Same (3) Where the defaulting payer is a subcontractor, the owner’s personal liability to a lien claimant or to a class of lien claimants as defined by section 79 does not exceed the lesser of, (a)  the holdbacks the owner is required to retain; and (b)  the holdbacks required to be retained by the contractor or a subcontractor from the lien claimant’s defaulting payer.  R.S.O. 1990, c. C.30, s. 23 (3). How determined (4) The personal liability of an owner under this section may only be determined by an action under this Act.  R.S.O. 1990, c. C.30, s. 23 (4). (5) Repealed: 2017, c. 24, s. 18. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 18, 70 - 12/12/2017
24 (1) A payer may, without jeopardy, make payments on a contract or subcontract up to 90 per cent of the price of the services or materials that have been supplied under that contract or subcontract unless, prior to making payment, the payer has received written notice of a lien.  R.S.O. 1990, c. C.30, s. 24 (1); 2017, c. 24, s. 19 (1), 66. Same (2) Where a payer has received written notice of a lien and has retained, in addition to the holdbacks required by this Part, an amount sufficient to satisfy the lien, the payer may, without jeopardy, make payment on a contract or subcontract up to 90 per cent of the price of the services or materials that have been supplied under that contract or subcontract, less the amount retained.  R.S.O. 1990, c. C.30, s. 24 (2); 2017, c. 24, s. 19 (2, 3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 19 (1-3), 66 - 12/12/2017
25 Where a subcontract has been certified complete under section 33, each payer upon the contract and any subcontract may, without jeopardy, make payment reducing the holdbacks required by this Part to the extent of the amount of holdback the payer has retained in respect of the completed subcontract, where all liens in respect of the completed subcontract have expired or been satisfied, discharged or otherwise provided for under this Act.  R.S.O. 1990, c. C.30, s. 25; 2017, c. 24, s. 20 (1, 2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 20 (1, 2) - 12/12/2017
26 Subject to section 27.1, each payer upon the contract or a subcontract shall make payment of the holdback the payer is required to retain by subsection 22 (1) (basic holdback), so as to discharge all claims in respect of that holdback, where all liens that may be claimed against that holdback have expired or been satisfied, discharged or otherwise provided for under this Act.  R.S.O. 1990, c. C.30, s. 26; 2017, c. 24, s. 21. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 21 (1, 4) - 12/12/2017; 2017, c. 24, s. 21 (2, 3)
- 01/07/2018
26.1 (1) If the conditions in subsection (2) are met, a payer may make payment of the accrued holdback he or she is required to retain under subsection 22 (1) on an annual basis, in relation to the services or materials supplied during the applicable annual period. 2017, c. 24, s. 22. Conditions (2) Subsection (1) applies if, (a)  the contract provides for a completion schedule that is longer than one year; (b)  the contract provides for the payment of accrued holdback on an annual basis; (c)  the contract price at the time the contract is entered into exceeds the prescribed amount; and (d)  as of the applicable payment date, (i)  there are no preserved or perfected liens in respect of the contract, or (ii)  all liens in respect of the contract have been satisfied, discharged or otherwise provided for under this Act. 2017, c. 24, s. 22. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 22 - 01/07/2018
26.2 (1) If the conditions in subsection (2) are met, a payer may make payment of the accrued holdback he or she is required to retain under subsection 22 (1) on the completion of phases of an improvement, in relation to the services or materials supplied during each phase. 2017, c. 24, s. 22. Conditions (2) Subsection (1) applies if, (a)  the contract provides for the payment of accrued holdback on a phased basis and identifies each phase; (b)  the contract price at the time the contract is entered into exceeds the prescribed amount; and (c)  as of the applicable payment date, (i)  there are no preserved or perfected liens in respect of the contract, or (ii)  all liens in respect of the contract have been satisfied, discharged or otherwise provided for under this Act. 2017, c. 24, s. 22. Payment on completion of design phase (3) If a contract provides for payment of accrued holdback on a phased basis but only with respect to a specified design phase, clause (2) (b) does not apply. 2017, c. 24, s. 22. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 22 - 01/07/2018
27 Subject to section 27.1, each payer upon the contract or a subcontract shall make payment of the holdback the payer is required to retain by subsection 22 (2) (holdback for finishing work), so as to discharge all claims in respect of that holdback, where all liens that may be claimed against that holdback have expired or been satisfied, discharged or otherwise provided for under this Act.  R.S.O. 1990, c. C.30, s. 27; 2017, c. 24, s. 23. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 23 (1, 4) - 12/12/2017; 2017, c. 24, s. 23 (2, 3) - 01/07/2018 Non-payment of holdback
27.1 (1) An owner may refuse to pay some or all of the amount the owner is required to pay to a contractor under section 26 or 27, as the case may be, if, (a)  the owner publishes a notice in the prescribed form specifying the amount of the holdback that the owner refuses to pay, and the notice is published in the manner set out in the regulations no later than 40 days after the date on which, (i)  the applicable certification or declaration of substantial performance is published under section 32, or (ii)  if no certification or declaration of substantial performance is published, the date on which the contract is completed, abandoned or terminated; and (b)  the owner notifies, in accordance with the regulations, if any, the contractor of the publication of the notice. 2018, c. 17, Sched. 8, s. 8 (1). By contractor (2) A contractor may refuse to pay some or all of the amount the contractor is required to pay to a subcontractor under section 26 or 27, as the case may be, if, (a)  the owner refuses to pay some or all of the amount the owner is required to pay to the contractor under that section; (b)  the contractor refers the matter to adjudication under Part II.1; and (c)  the contractor notifies, in accordance with the regulations, if any, every subcontractor to whom the contractor is required to pay the amount that the amount is not being paid and that the matter is being referred to adjudication. 2018, c. 17, Sched. 8, s. 8 (1, 2). By subcontractor (3) A subcontractor may refuse to pay some or all of the amount the subcontractor is required to pay to another subcontractor under section 26 or 27, as the case may be, if, (a)  the contractor refuses to pay some or all of the amount the contractor is required to pay to the subcontractor under that section; (b)  the subcontractor refers the matter to adjudication under Part II.1; and (c)  the subcontractor notifies, in accordance with the regulations, if any, every subcontractor to whom the subcontractor is required to pay the amount that the amount is not being paid and that the matter is being referred to adjudication. 2018, c. 17, Sched. 8, s. 8 (1, 3). Same (4) Subsection (3) applies, with necessary modifications, with respect to a subcontractor who receives notice under that subsection. 2018, c. 17, Sched. 8, s. 8 (1). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 24 (1) - 01/07/2018; 2017, c. 24, s. 24 (2)
- no effect - 2018, c. 17, Sched. 8, s. 8 (1) - 06/12/2018 2018, c. 17, Sched. 8, s. 8 (1) - 06/12/2018; 2018, c. 17, Sched. 8, s. 8 (2, 3) - 01/10/2019
28 Where an owner, contractor or subcontractor makes a payment without obligation to do so to any person having a lien for or on account of any amount owing to that person for services or materials supplied to the improvement and gives written notice of the payment or the intention to pay to the proper payer of that person, the payment shall be deemed to be a payment by the owner, contractor or subcontractor to the proper payer of that person, but no such payment reduces the amount of the holdback required to be retained under this Part or reduces the amount that must be retained in response to a written notice of lien given by a person other than the person to whom payment is made.  R.S.O. 1990, c. C.30, s. 28.
29 Payments made in accordance with this Part operate as a discharge of the lien to the extent of the amount paid.  R.S.O. 1990, c. C.30, s. 29.
30 Where the contractor or a subcontractor defaults in the performance of a contract or subcontract, a holdback shall not be applied by any payer toward obtaining services or materials in substitution for those that were to have been supplied by the person in default, nor in payment or satisfaction of any claim against the person in default, until all liens that may be claimed against that holdback have expired or been satisfied, discharged or otherwise provided for under this Act.  R.S.O. 1990, c. C.30, s. 30; 2017, c. 24, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 25 - 12/12/2017 PART V   EXPIRY, PRESERVATION AND PERFECTION OF LIENS
33 (1) Upon the request of the contractor, the payment certifier on the contract may determine whether a subcontract has been completed, and, if the payment certifier so determines, shall certify the completion of the subcontract in the prescribed form; alternatively, the owner and the contractor may jointly make the declaration and certify completion in the prescribed form.  R.S.O. 1990, c. C.30, s. 33 (1); 2017, c. 24, s. 65. Date subcontract deemed completed (2) Where a subcontract is certified to be completed, the subcontract shall be deemed to have been completed on the date of certification.  R.S.O. 1990, c. C.30, s. 33 (2). Services or materials supplied after subcontract certified completed (3) If services or materials are supplied to the improvement under or in respect of a subcontract after the date the subcontract is certified to be completed, those services or materials shall be deemed to have been last supplied on the date of certification.  R.S.O. 1990, c. C.30, s. 33 (3). Copy of certificate (4) Within seven days of the date the subcontract is certified to be completed, the payment certifier or the owner and the contractor, as the case may be, shall give a copy of the certificate, (a)  to the subcontractor whose subcontract has been certified as complete; and (b)  to the owner and the contractor, where certification is by the payment certifier.  R.S.O. 1990, c. C.30, s. 33 (4). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 65 - 12/12/2017 Notice of intention to register in accordance with the Condominium Act, 1998
33.1 (1) In this section, “declaration” means a declaration as defined in the Condominium Act, 1998; (“déclaration”) “description” means a description as defined in the Condominium Act, 1998; (“description”) “registered” means registered as defined in the Condominium Act, 1998. (“enregistré”)  2010, c. 16, Sched. 2, s. 2 (4). Notice required (2) An owner of land described in a description that is intended to be registered together with a declaration in accordance with the Condominium Act, 1998 shall publish notice of the intended registration in the manner set out in the regulations.  2010, c. 16, Sched. 2, s. 2 (4); 2017, c. 24, s. 28. Contents (3) The notice shall be in the prescribed form and shall include, (a)  the owner’s name and address for service; (b)  a concise overview of the land described in the description, including reference to the lot and plan number and the parcel number or numbers of the land; and (c)  if, to the best of the owner’s knowledge, information and belief, a contractor supplied services or materials to an improvement in respect of the land during the 90-day period preceding the day on which the description is to be submitted for approval under subsection 9 (3) of the Condominium Act, 1998, the contractor’s name, address and, if known, address for service.  2010, c. 16, Sched. 2, s. 2 (4); 2017, c. 24, s. 65. Liability for failure to comply (4) An owner who fails to comply with this section is liable to any person entitled to a lien who suffers damages as a result.  2010, c. 16, Sched. 2, s. 2 (4). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 2 (4) - 01/07/2011 2017, c. 24, s. 28 - 01/07/2018; 2017, c. 24, s. 65
- 12/12/2017
35 (1) In addition to any other ground on which the person may be liable, any person who preserves a claim for lien or who gives written notice of a lien in the following circumstances is liable to any person who suffers damages as a result: 1.  The person knows or ought to know that the amount of the lien has been wilfully exaggerated. 2.  The person knows or ought to know that he or she does not have a lien. 2017, c. 24, s. 30 (2). Reduction of lien amount (2) In the circumstances described in paragraph 1 of subsection (1), the court may, on motion, order that the lien amount be reduced by the exaggerated portion, as determined in accordance with section 17, if it finds that the person has acted in good faith. 2017, c. 24, s. 30 (2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 30 (1) - 12/12/2017; 2017, c. 24, s. 30 (2)
- 01/07/2018
36 (1) A lien may not be perfected unless it is preserved.  R.S.O. 1990, c. C.30, s. 36 (1). Expiry of preserved lien (2) A lien that has been preserved expires unless it is perfected prior to the end of the 90-day period next following the last day, under section 31, on which the lien could have been preserved.  R.S.O. 1990, c. C.30, s. 36 (2); 2017, c. 24, s. 31 (1). How lien perfected (3) A lien claimant perfects the lien claimant’s preserved lien, (a)  where the lien attaches to the premises, when the lien claimant commences an action to enforce the lien and, except where an order to vacate the registration of the lien is made, the lien claimant registers a certificate of action in the prescribed form on the title of the premises; or (b)  where the lien does not attach to the premises, when the lien claimant commences an action to enforce the lien.  R.S.O. 1990, c. C.30, s. 36 (3); 2017, c. 24, s. 65, 70, 71; 2018, c. 17, Sched. 8, s. 10. Rules re sheltering (4) A preserved lien becomes perfected by sheltering under a lien perfected by another lien claimant in respect of the same improvement in accordance with the following rules: 1.  The preserved lien of a lien claimant is perfected by sheltering under the perfected lien of another lien claimant in respect of the same improvement where, i.  the lien of that other lien claimant was a subsisting perfected lien at the time when the lien of the lien claimant was preserved, or ii.  the lien of that other lien claimant is perfected in accordance with clause (3) (a) or (b) between the time when the lien of the lien claimant was preserved and the time that the lien of the lien claimant would have expired under subsection (2). 2.  The validity of the perfection of a sheltered lien does not depend upon the validity, proper preservation or perfection of the lien under which it is sheltered. 3.  A sheltered claim for lien is perfected only as to the defendants and the nature of the relief claimed in the statement of claim under which it is sheltered. 4.  Upon notice given by a defendant named in a statement of claim, any lien claimant whose lien is sheltered under that statement of claim shall provide the defendant with further particulars of the claim for lien or of any fact alleged in the claim for lien.  R.S.O. 1990, c. C.30, s. 36 (4); 2017, c. 24, s. 31 (2-4). General lien (5) Subject to subsection 44 (4) (apportionment), a preserved general lien that attaches to the premises shall be perfected against each premises to which the person having the lien desires the lien to continue to apply.  R.S.O. 1990, c. C.30, s. 36 (5); 2017, c. 24, s. 72. Where period of credit extended (6) A person who has preserved a lien, but who has extended a period of credit for the payment of the amount to which the lien relates, may commence an action for the purpose of perfecting the lien even though the period of credit has not at the time expired.  R.S.O. 1990, c. C.30, s. 36 (6). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 31 (1) - 01/07/2018; 2017, c. 24, s. 31 (2-4), 65, 70-72 - 12/12/2017 2018, c. 17, Sched. 8, s. 10 - 06/12/2018
37 (1) A perfected lien expires immediately after the second anniversary of the commencement of the action that perfected the lien, unless one of the following occurs on or before that anniversary: 1.  An order is made for the trial of an action in which the lien may be enforced. 2.  An action in which the lien may be enforced is set down for trial.  1994, c. 27, s. 42 (1). Motion under s. 46 (2) Where a lien has expired under subsection (1), a motion may be made under section 46.  R.S.O. 1990, c. C.30, s. 37 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 42 (1) - 02/04/1983
38 The expiration of a lien under this Act shall not affect any other legal or equitable right or remedy otherwise available to the person whose lien has expired.  R.S.O. 1990, c. C.30, s. 38. PART VI   RIGHT TO INFORMATION
40 (1) Any of the following persons is liable to be cross-examined without an order on a claim for lien at any time, regardless of whether an action has been commenced: 1.  The lien claimant. 2.  An agent or assignee of the lien claimant. 3.  A trustee of the workers’ trust fund, where subsection 81 (2) applies.  2010, c. 16, Sched. 2, s. 2 (11); 2017, c. 24, s. 63. Who may participate (2) There shall be only one examination under subsection (1), but the contractor, the payer of the lien claimant, and every person named in the claim for lien who has an interest in the premises are entitled to participate therein.  R.S.O. 1990, c. C.30, s. 40 (2); 2017, c. 24, s. 63, 70. Notice (3) Any person intending to examine a person under subsection (1) shall give at least seven days notice of the examination specifying the time and place for the examination to, (a)  the person to be examined or the person’s solicitor; (b)  every other person named in the claim for lien as having an interest in the premises; (c)  the contractor; and (d)  the payer of the lien claimant.  R.S.O. 1990, c. C.30, s. 40 (3); 2017, c. 24, s. 63, 70. Application of rules of court (4) The rules of court pertaining to examinations apply, with necessary modifications, to cross-examinations under this section.  R.S.O. 1990, c. C.30, s. 40 (4). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 2 (11) - 01/07/2011 2017, c. 24, s. 63, 70 - 12/12/2017 PART VII   DISCHARGE OF PRESERVED OR PERFECTED LIENS Discharge of lien and withdrawal of written notice of lien
41 (1) A preserved or perfected lien may be discharged, (a)  where the lien attaches to the premises, by the registration of a discharge of lien in the prescribed form on the title to the premises and the discharge shall, except where the lien claimant is a corporation, be supported by an affidavit of execution; or (b)  where the lien does not attach to the premises, by giving a discharge of lien in the prescribed form to the owner, in the manner set out in section 34 for the giving of copies of the claim for lien.  R.S.O. 1990, c. C.30, s. 41 (1); 2017, c. 24, s. 33 (1, 2), 63, 65, 70. Withdrawal of written notice of lien (2) A written notice of a lien may be withdrawn by giving a withdrawal in the prescribed form to the person to whom the written notice of a lien was given, and a payer given the withdrawal shall, in respect of the operation of subsection 24 (2), be in the same position as if the written notice of a lien had never been given.  R.S.O. 1990, c. C.30, s. 41 (2); 2017, c. 24, s. 33 (3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 33 (1-3) - 01/07/2018; 2017, c. 24, s. 63, 65, 70
- 12/12/2017
42 A preserved or perfected general lien may be discharged against any one or more of the premises that are subject to it, without affecting its application to any other premises to which it applies, by the registration of a discharge of lien in the prescribed form on the title to the applicable premises.  R.S.O. 1990, c. C.30, s. 42; 2017, c. 24, s. 34, 65, 72. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 34 (1), 65, 72 - 12/12/2017; 2017, c. 24, s. 34 (2)
- 01/07/2018
43 A preserved or perfected lien may be postponed in favour of the interest of another person in the premises by the registration on the title to the premises of a notice of postponement in the prescribed form, and, in that case, subsection 78 (8) applies (priorities in event of postponement).  R.S.O. 1990, c. C.30, s. 43; 2017, c. 24, s. 35, 65. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 35, 65 - 12/12/2017 Vacating lien by payment into court
45 (1) Where a lien that attaches to the premises is not preserved or is not perfected within the time allowed for doing so under section 31 or 36, the court upon, (a)  the motion of any person without notice to any other person; (b)  proof that the lien has not been preserved or perfected within the time allowed; and (c)  production of, (i)  a certificate of search under the Land Titles Act, or (ii)  a registrar’s abstract under the Registry Act, together with a certified copy of the claim for lien, shall declare that the lien has expired and order that the registration of the claim for lien be vacated.  R.S.O. 1990, c. C.30, s. 45 (1); 2017, c. 24, s. 63, 70; 2018, c. 17, Sched. 8, s. 13. Same (2) Where the court is satisfied that a lien that does not attach to the premises has not been preserved or perfected within the time allowed for doing so under section 31 or 36, the court upon the motion of any person without notice to any other person shall declare that the lien has expired.  R.S.O. 1990, c. C.30, s. 45 (2); 2017, c. 24, s. 70. Order returning amount paid into court or cancelling security (3) Where a declaration is made under subsection (1) or (2), the court shall order that, (a)  any amount that has been paid into court under section 44 in respect of that lien be returned to the person who paid the amount into court; and (b)  any security that has been posted under section 44 in respect of that lien be cancelled.  R.S.O. 1990, c. C.30, s. 45 (3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 63, 70 - 12/12/2017 2018, c. 17, Sched. 8, s. 13 - 06/12/2018
46 (1) Where a perfected lien that attaches to the premises has expired under section 37, the court, upon the motion of any person, shall declare that the lien has expired and shall make an order dismissing the action to enforce that lien and vacating the registration of a claim for lien and the certificate of action in respect of that action. R.S.O. 1990, c. C.30, s. 46 (1); 2017, c. 24, s. 63, 70; 2018, c. 17, Sched. 8, s. 14. Same (2) Where a perfected lien that does not attach to the premises has expired under section 37, the court, upon the motion of any person, shall declare that the lien has expired and shall make an order dismissing the action to realize upon that lien. R.S.O. 1990, c. C.30, s. 46 (2); 2017, c. 24, s. 70. Costs (3) A motion under subsection (1) or (2) may be brought without notice, but no order as to costs in the action may be made upon the motion unless notice of that motion was given to the person against whom the order for costs is sought. R.S.O. 1990, c. C.30, s. 46 (3). Order returning money paid into court or cancelling security (4) Where an action is dismissed under subsection (1) or (2), the court shall order that, (a)  any amount that has been paid into court under section 44 in respect of that action be returned to the person who paid the amount into court; and (b)  any security that has been posted under section 44 in respect of that action be cancelled.  R.S.O. 1990, c. C.30, s. 46 (4). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 63, 70 - 12/12/2017 2018, c. 17, Sched. 8, s. 14 - 06/12/2018 General powers of the court
47 (1) The court may, on motion, order the discharge of a lien, (a)  on the basis that the claim for the lien is frivolous, vexatious or an abuse of process; or (b)  on any other proper ground. 2017, c. 24, s. 37 (1). Power to vacate, etc. (1.1) The court may, on motion, make any of the following orders, on any proper ground: 1.  An order that the registration of a claim for lien, a certificate of action or both be vacated. 2.  If written notice of a lien has been given, a declaration that the lien has expired or that the written notice of the lien shall no longer bind the person to whom it was given. 3.  An order dismissing an action. 2017, c. 24, s. 37 (1); 2018, c. 17, Sched. 8, s. 15 (1). Conditions (1.2) An order under subsection (1) or (1.1) may include any terms or conditions that the court considers appropriate in the circumstances. 2017, c. 24, s. 37 (1). Direction by court (2) Where a certificate of action is vacated under paragraph 1 of subsection (1.1), and there remain liens which may be enforced in the action to which that certificate relates, the court shall give any directions that are necessary in the circumstances in respect of the continuation of that action subject to paragraph 4 of subsection 44 (9).  R.S.O. 1990, c. C.30, s. 47 (2); 2010, c. 16, Sched. 2, s. 2 (13); 2017, c. 24, s. 37 (2); 2018, c. 17, Sched. 8, s. 15 (2). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 2 (13) - 01/07/2011 2017, c. 24, s. 37 (1, 2) - 01/07/2018; 2017, c. 24, s. 63
- 12/12/2017 2018, c. 17, Sched. 8, s. 15 (1, 2) - 06/12/2018
48 A discharge of a lien under this Part is irrevocable and the discharged lien cannot be revived, but no discharge affects the right of the person whose lien was discharged to claim a lien in respect of services or materials supplied by the person subsequent to the preservation of the discharged lien.  R.S.O. 1990, c. C.30, s. 48; 2017, c. 24, s. 68. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 68 - 12/12/2017
49 Where the lien attaches to the premises, an order declaring that a lien has expired, or discharging a lien, or vacating the registration of a claim for lien or a certificate of action, may be registered by registering on the title to the premises a certified copy of the order that includes a description of the premises sufficient for registration under the Registry Act or the Land Titles Act, as the case may be, and a reference to the registration number of every preserved or perfected claim for lien and certificate of action thereby affected.  R.S.O. 1990, c. C.30, s. 49; 2017, c. 24, s. 38, 70, 71; 2018, c. 17, Sched. 8, s. 16. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 38, 70, 71 - 12/12/2017 2018, c. 17, Sched. 8, s. 16 - 06/12/2018 PART VIII   JURISDICTION AND PROCEDURE
50 (1) A lien claim is enforceable in an action in the Superior Court of Justice. 2017, c. 24, s. 39 (2). Procedures (2) Except to the extent that they are inconsistent with this Act and the procedures prescribed for the purposes of this Part, the Courts of Justice Act and the rules of court apply to actions under this Part. 2017, c. 24, s. 39 (2). Summary procedure (3) The procedure in an action shall be as far as possible of a summary character, having regard to the amount and nature of the liens in question. 2017, c. 24, s. 39 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2017, c. 24, s. 39 (1) - 12/12/2017; 2017, c. 24, s. 39 (2)
- 01/07/2018
51 The court, whether the action is being tried by a judge or on a reference under section 58, (a)  shall try the action, including any set-off, crossclaim, counterclaim and third party claim, and all questions that arise therein or that are necessary to be tried in order to dispose completely of the action and to adjust the rights and liabilities of the persons appearing before it or upon whom notice of trial has been served; and (b)  shall take all accounts, make all inquiries, give all directions and do all things necessary to dispose finally of the action and all matters, questions and accounts arising therein or at the trial and to adjust the rights and liabilities of, and give all necessary relief to, all parties to the action.  R.S.O. 1990, c. C.30, s. 51; 1994, c. 27, s. 42 (4); 1996, c. 25, s. 4 (1); 2017, c. 24, s. 40. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 42 (4) - 09/12/1994; 1996, c. 25, s. 4 (1) - 31/10/1996. 2017, c. 24, s. 40 (1, 2) - 01/07/2018
52 A judge or associate judge does not acquire exclusive jurisdiction over the trial of an action or reference by reason only of appointing the time and place for the trial of the action or reference.  R.S.O. 1990, c. C.30, s. 52; 1996, c. 25, s. 4 (2); 2017, c. 24, s. 41; 2020, c. 11, Sched. 5, s. 14 (1); 2021, c. 4, Sched. 3, s. 20 (1). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 4 (2) - 31/10/1996 2017, c. 24, s. 41 - 01/07/2018 2020, c. 11, Sched. 5, s. 14 (1) - 08/01/2021 2021, c. 4, Sched. 3, s. 20 (1) - 01/09/2021 53 Repealed: 2017, c. 24, s. 42 (2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 42 (2) - 01/07/2018; 2017, c. 24, s. 71
- 12/12/2017 54 Repealed: 2017, c. 24, s. 42 (2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 42 (2) - 01/07/2018 55 Repealed: 2017, c. 24, s. 42 (2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 42 (1) - 12/12/2017; 2017, c. 24, s. 42 (2)
- 01/07/2018 56, 57 Repealed: 2017, c. 24, s. 42 (2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 42 (2) - 01/07/2018
62 (1) The results of the trial shall be embodied, (a)  in a judgment in the prescribed form, where the trial is conducted by a judge of the court; or (b)  in a report in the prescribed form, where the trial is conducted on a reference under section 58.  R.S.O. 1990, c. C.30, s. 62 (1); 1994, c. 27, s. 42 (9); 1996, c. 25, s. 4 (8); 2017, c. 24, s. 45 (1), 65. Varying form (2) The prescribed form of judgment or report may be varied by the court in order to meet the circumstances of the case so as to afford to any party to the action any right or remedy in the judgment or report to which the party is entitled.  R.S.O. 1990, c. C.30, s. 62 (2); 2017, c. 24, s. 65. (3) Repealed:  1999, c. 12, Sched. B, s. 3. Issue of execution (4) The judgment or report may direct any party found liable to make a payment, to make such payment forthwith, and execution may be issued, (a)  immediately, in the case of a judgment; or (b)  after confirmation, in the case of a report.  R.S.O. 1990, c. C.30, s. 62 (4). Order for sale (5) The court may order that the interest in the premises be sold and may direct the sale to take place at any time after the judgment or confirmation of the report, allowing a reasonable time for advertising the sale.  R.S.O. 1990, c. C.30, s. 62 (5); 2017, c. 24, s. 70. Persons who may be let in (6) The court may allow any person with a perfected lien, (a)  who was not served with a notice of trial; or (b)  whose action was stayed by reason of an order under the Arbitration Act, 1991, to be let in to prove the claim at any time before the amount realized in the action for the satisfaction of the lien has been distributed, and where the claim is allowed, the judgment or report shall be amended to include the claim.  R.S.O. 1990, c. C.30, s. 62 (6); 2017, c. 24, s. 45 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 42 (9) - 09/12/1994; 1996, c. 25, s. 4 (8) - 31/10/1996; 1999, c. 12, Sched. B, s. 3 - 22/12/1999 2017, c. 24, 45 (1) - 01/07/2018; 2017, c. 24, s. 45 (2), 65, 70 - 12/12/2017
63 Subject to paragraph 3 of subsection 36 (4) (sheltering), the court may award any lien claimant a personal judgment, whether the claimant proves the lien or not, upon any ground relating to the claim that is disclosed by the evidence against any party to the action for any amount that may be due to the claimant and that the claimant might have recovered in a proceeding against that party.  R.S.O. 1990, c. C.30, s. 63.
64 Where an interest in the premises is sold under court order, or by a trustee appointed under Part IX, a person with a perfected lien is entitled to share in the proceeds of sale in respect of the amount owing to the person, although that amount or part thereof was not payable at the time of the commencement of the action or at the time of the distribution of the proceeds.  R.S.O. 1990, c. C.30, s. 64; 2017, c. 24, s. 70. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 70 - 12/12/2017
65 (1) The court may make all orders necessary for the completion of a sale and for vesting an interest in the premises in the purchaser.  R.S.O. 1990, c. C.30, s. 65 (1); 2017, c. 24, s. 70. Payment into court of proceeds (2) Where an interest in the premises is sold under court order, or by a trustee appointed under Part IX, the proceeds of the sale shall be paid into court to the credit of the action.  R.S.O. 1990, c. C.30, s. 65 (2); 2017, c. 24, s. 70. Fees and disbursements (3) The court may add to the claim of the party having carriage of the action the fees and actual disbursements of the party in connection with the sale.  R.S.O. 1990, c. C.30, s. 65 (3). To whom proceeds paid (4) The court shall direct to whom the proceeds shall be paid in accordance with the priorities established by this Act.  R.S.O. 1990, c. C.30, s. 65 (4). Where proceeds insufficient to satisfy judgment (5) Where the proceeds of the sale are not sufficient to satisfy the judgment and costs, the court shall certify the amount of the deficiency and give personal judgment in the appropriate amount to each party whose judgment is not satisfied out of the proceeds against each person who has been found liable to the party.  R.S.O. 1990, c. C.30, s. 65 (5). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 70 - 12/12/2017 66 Repealed: 2017, c. 24, s. 46. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 46 - 01/07/2018 67 Repealed: 2017, c. 24, s. 46. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 102 (2) - 01/05/2007 2017, c. 24, s. 46 - 01/07/2018 part ix   appointment of trustee
68 (1) Any person having a lien, or any other person having an interest in the premises, may apply to the court for the appointment of a trustee and the court may appoint a trustee upon such terms as to the giving of security or otherwise as the court considers appropriate.  R.S.O. 1990, c. C.30, s. 68 (1); 2017, c. 24, s. 70. Powers of trustee (2) Subject to the supervision and direction of the court, a trustee appointed under subsection (1) may, (a)  act as a receiver and manager and, subject to the Planning Act and the approval of the court, mortgage, sell or lease the premises or any part thereof; (b)  complete or partially complete the improvement; (c)  take appropriate steps for the preservation of the premises; and (d)  subject to the approval of the court, take such other steps as are appropriate in the circumstances.  R.S.O. 1990, c. C.30, s. 68 (2); 2017, c. 24, s. 70, 71. Liens a charge on amounts recovered (3) Subject to subsection 78 (7), all liens shall be a charge upon any amount recovered by the trustee after payment of the reasonable business expenses and management costs incurred by the trustee in the exercise of any power under subsection (2).  R.S.O. 1990, c. C.30, s. 68 (3). Sale subject to encumbrances (4) Any interest in the premises that is to be sold may be offered for sale subject to any mortgage, interest or other encumbrance that the court directs.  R.S.O. 1990, c. C.30, s. 68 (4); 2017, c. 24, s. 47 (2), 70. Orders for completion of sale, etc. (5) The court may make all orders necessary for the completion of any mortgage, lease or sale by a trustee under this section.  R.S.O. 1990, c. C.30, s. 68 (5). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 47 (2), 70, 71 - 12/12/2017 69 Repealed: 2017, c. 24, s. 48. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 48 - 01/07/2018 PART X   APPEALS
70 (1) Where in the course of an action a question of law arises, the court may state the question in the form of a stated case for the opinion of the Divisional Court, and the stated case shall thereupon be set down to be heard before the Divisional Court and notice of hearing shall be served by the party setting down the matter upon all parties concerned.  R.S.O. 1990, c. C.30, s. 70 (1). Facts to be set out (2) The stated case shall set forth those facts material to the determination of the question raised.  R.S.O. 1990, c. C.30, s. 70 (2).
71 (1) Except as otherwise provided in this section, an appeal lies to the Divisional Court from a judgment or an order on a motion to oppose confirmation of a report under this Act.  R.S.O. 1990, c. C.30, s. 71 (1); 2017, c. 24, s. 49 (1). Notice of appeal (2) A party wishing to appeal shall file and serve a notice of appeal within fifteen days of the date of the judgment or order, but the time for filing or serving the notice of appeal may be extended by the written consent of all parties, or by a single judge of the Divisional Court where an appropriate case is made out for doing so.  R.S.O. 1990, c. C.30, s. 71 (2). No appeal without leave (3) No appeal lies from an interlocutory order made by the court, except with leave of the Divisional Court. 2017, c. 24, s. 49 (2). No appeal (4) No appeal lies from a judgment or an order on a motion to oppose confirmation of a report under this Act, if the amount claimed is $10,000 or less. 2017, c. 24, s. 49 (2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 49 (1, 2) - 01/07/2018 PART XI   PRIORITIES
72 A person who has supplied services or materials in respect of an improvement may enforce a lien despite the non-completion, abandonment or termination of the contract or a subcontract by any other person.  R.S.O. 1990, c. C.30, s. 72; 2017, c. 24, s. 50, 66. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 50 - 01/07/2018; 2017, c. 24, s. 66
- 12/12/2017
73 The rights of a person having a lien may be assigned by an instrument in writing and, if not assigned, upon the death of the person pass to the person’s personal representative.  R.S.O. 1990, c. C.30, s. 73.
74 (1) Subject to section 82, where one or more premises that are subject to an unpreserved general lien are sold, the general lien continues for the full amount of the lien against those premises that are subject to the lien, that were not sold.  R.S.O. 1990, c. C.30, s. 74 (1); 2017, c. 24, s. 72. Same (2) Where a person having a preserved or perfected general lien discharges the lien against one or more of the premises subject to the lien, the lien continues for the full amount of the lien against those premises that were not discharged.  R.S.O. 1990, c. C.30, s. 74 (2); 2017, c. 24, s. 72; 2018, c. 17, Sched. 8, s. 18. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 72 - 12/12/2017 2018, c. 17, Sched. 8, s. 18 - 06/12/2018
75 (1) The taking of any security for, or the acceptance of any promissory note or bill of exchange for, or the taking of any acknowledgment of, or the giving of time for the payment of, or the taking of proceedings for the recovery of, or the obtaining of a personal judgment for, the claim, does not in itself merge, waive, pay, satisfy, prejudice or destroy a lien.  R.S.O. 1990, c. C.30, s. 75 (1). Where note or bill negotiated (2) Where any promissory note or bill of exchange has been negotiated, the person having the lien may still enforce the lien if the person is the holder of the promissory note or bill of exchange at the time when the person proves the claim for lien.  R.S.O. 1990, c. C.30, s. 75 (2); 2017, c. 24, s. 51. Time not extended (3) Nothing in this section extends the time for, or dispenses with the requirement for, the preservation or perfection of a lien.  R.S.O. 1990, c. C.30, s. 75 (3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 51 - 12/12/2017
76 Where a lien is preserved by registration of a claim for lien, the lien claimant shall be deemed to be a purchaser to the extent of his lien within the provisions of the Registry Act and Land Titles Act, but except as otherwise provided in this Act, those Acts do not apply to any lien arising under this Act.  R.S.O. 1990, c. C.30, s. 76; 2017, c. 24, s. 52. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 52 - 12/12/2017
77 The liens arising from an improvement have priority over all judgments, executions, assignments, attachments, garnishments and receiving orders except those executed or recovered upon before the time when the first lien arose in respect of the improvement.  R.S.O. 1990, c. C.30, s. 77.
79 All persons having a lien who have supplied services or materials to the same payer comprise a class, and a person who has supplied services or materials to more than one payer is a member of every class to the extent to which the person’s lien relates to that class.  R.S.O. 1990, c. C.30, s. 79.
80 (1) Except where it is otherwise provided by this Act, (a)  no person having a lien is entitled to any priority over another member of the same class; (b)  all amounts available to satisfy the liens in respect of an improvement shall be distributed rateably among the members of each class according to their respective rights; and (c)  the lien of every member of a class has priority over the lien of the payer of that class.  R.S.O. 1990, c. C.30, s. 80 (1). Where conveyance or mortgage void (2) Any conveyance or mortgage in respect of the premises to any person entitled to a lien on the premises, in payment of or as security for that claim, whether given before or after that lien arises, is void against all other persons entitled to a lien on the premises.  R.S.O. 1990, c. C.30, s. 80 (2); 2017, c. 24, s. 70, 71. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 70, 71 - 12/12/2017
81 (1) The lien of a worker has priority over the lien of any other person belonging to the same class to the extent of the amount of forty regular-time working days’ wages.  R.S.O. 1990, c. C.30, s. 81 (1). Workers’ trust fund (2) Where monetary supplementary benefits are payable to a workers’ trust fund instead of to a worker, the trustee of the workers’ trust fund is subrogated to the rights of the worker under this Act with respect to those benefits.  R.S.O. 1990, c. C.30, s. 81 (2). Device to defeat workers’ priority void (3) Every device to defeat the priority given to workers by this section is void.  R.S.O. 1990, c. C.30, s. 81 (3).