The owner of leased commercial premises moved under the Construction Lien Act to declare three construction liens invalid and to discharge security posted to vacate them, arguing the lien claimants failed to correctly identify the owner in their claims for lien.
The court considered whether the naming errors constituted non‑compliance with s. 34(5) of the Act or merely a failure to strictly comply curable under s. 6.
The evidence showed the tenant owner had used multiple corporate and unregistered names and had not registered certain business names, contributing to confusion about the proper legal entity.
The court held that the errors—misplacing the owner’s name in the electronic form or naming related Equinox entities—were failures to strictly comply but not fatal defects, and no prejudice was established.
Motions to discharge the liens were dismissed and the lien claimants were permitted to amend pleadings to correctly name the tenant owner.
