When is the deadline for preservation of a construction lien - sixty days?
The catalogue records a 60 days period from The earliest of the events specified in s 31 for the class of lien claimant. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 60 days
- Trigger
- The earliest of the events specified in s 31 for the class of lien claimant
- 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.
This route remains in preparation until a pinpoint official source is recorded.
- NONE. A lien that is not preserved within the period expires and cannot be revived. There is no power to extend. Preservation is effected by registration of a claim for lien where the lien attaches to the premises, or by giving the claim for lien where it does not (s 34).
- Added on verification: construction lien deadlines are among the highest-volume hard deadlines in Ontario civil practice and were absent from the researched catalogue. Under the Construction Act as amended by SO 2017, c 24 the preservation period is 60 days; it was 45 days under the former Construction Lien Act, which still governs improvements grandparented under the transition rules in s 87.3, so the engine must establish which regime applies before producing a date. Being a statutory period, computation is governed by Legislation Act, 2006, s 89, whose s 88(2) holiday list excludes Saturday and the Civic Holiday, not by RCP r 3.01.