If you have done work, or provided services for an improvement to land, the Act will permit you to register a lien against the land, for any sums not paid to you, and to commence an action in Ontario Court General Division, against not only the party that hired you, but also against the owner of the land. This lien can be commenced for any amount, even if it is below the monetary threshold for General Division.

The lien must be registered at the Land Registry for the District in which the work was done, no later than 45 days from the last day of work, or the last day of supply of materials. Within 45 days of the registry of the lien at the local Land Registry, an action must be filled in General Division, a Certificate of Action obtained, and this certificate registered at the local Land Registry.

The claim thus registered must be served on the defendants, and then litigated.

Defense of a construction lien is a complex and technical process. Obviously, part of the claim may include set-offs and claims for deficiencies, while it may also involve claims for warranties, and claims in legal estoppel.

The defense will necessarily also challenge the formal correctness of the lien process and documents. Since a lien is a formal statutory exception to the common law, even the simplest error in the claim may lead to a dismissal of it.