Can I Commence a Construction Lien Action in the Small Claims Court?

No, you cannot commence a construction lien action in the Small Claims Court in Ontario. Construction lien actions are governed by the Construction Lien Act, which sets out a specific process for registering, preserving, and enforcing construction liens.

If you are seeking to enforce a construction lien, you will need to commence an action in the Superior Court of Justice, which has the jurisdiction to hear construction lien actions. In some cases, you may also need to initiate a motion or other legal proceedings to enforce the lien, such as a sale of the property subject to the lien or a foreclosure action.

It’s important to note that construction lien actions can be complex and involve a variety of legal issues. If you are considering commencing a construction lien action, it is recommended that you consult with a lawyer who is experienced in this area of law to ensure that your rights are protected and that you achieve the best possible outcome. If you have any questions, you may contact our lawyers at or 1-877-892-7778.

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