The owner, 2247129 Ontario Inc., brought a motion to declare the construction lien of Clarkway Construction Ltd. expired.
The central issue was whether a subcontractor's lien rights could extend beyond the date the general contractor's contract with the owner ended by abandonment or termination.
The court found that the subcontractor's lien rights did not extend beyond the termination date of the general contract (February 9, 2016, at the latest).
The subcontractor, Clarkway, had a responsibility to stay informed about the project's status.
Since Clarkway registered its lien on April 15, 2016, more than 45 days after the general contract's termination, the lien was declared expired.
Costs were awarded to the owner.
