Pacific Hardwood Limited, a non-party owner of two condominium units, brought a motion to discharge a construction lien registered by Dolvin Mechanical Contractors Ltd. against its units.
Dolvin had contracted with the developer prior to condominium registration but registered its lien after Pacific purchased the units, without naming Pacific as an owner.
The court granted the motion, finding that Dolvin had no lien rights against Pacific, failed to properly preserve and perfect its lien against Pacific, and that the conveyance to Pacific was not void under section 80(2) of the Construction Lien Act.
