When is the deadline for notice to commence an action to enforce a claim of builders lien - 21 days?
The catalogue records a 21 days period from Service of the notice to commence an action. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- Service of the notice to commence an action
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- None. The consequence of non-compliance is extinguishment of the lien under s 33(5).
- ADDED ON VERIFICATION - this notice ABRIDGES the one year period in s 33(1) to 21 days and is the standard owner's tool for clearing title. Both acts must be completed within the 21 days: commencing the action and registering the certificate of pending litigation. Note the deemed service rule in s 33(4): if the notice is served by mail it is conclusively deemed served on the eighth day after deposit in the Canada Post Office at any place in Canada, which fixes the start of the 21 days. Section 33(3) requires the notice to be in the prescribed form.