What is a Motion to Vacate a Construction Lien in Ontario?

In Ontario, a motion to vacate a construction lien is a legal process by which a party seeks to have a lien removed from a property. A construction lien is a claim against a property that can be filed by contractors, subcontractors, suppliers, and other parties who have provided labor or materials for a construction project.

A motion to vacate a construction lien is typically filed by the property owner or another party with an interest in the property. The motion must be filed in the Ontario Superior Court of Justice and must set out the grounds on which the party seeks to have the lien removed.

The grounds for a motion to vacate a construction lien in Ontario can include:

  1. The lien is invalid or improper: The party may argue that the lien is invalid or improper because it was not filed in accordance with the requirements of the Construction Lien Act or because the party filing the lien did not have the legal right to do so.
  2. The lien is excessive: The party may argue that the amount claimed in the lien is excessive or that the lien is based on work that was not actually performed or materials that were not actually supplied.
  3. The lien is causing harm: The party may argue that the presence of the lien on the property is causing harm, such as by preventing the sale or financing of the property.

If the court grants the motion to vacate the construction lien, the lien will be removed from the property. It is important to note that the process for vacating a construction lien can be complex, and it is recommended that parties seek the assistance of a lawyer experienced in construction lien law to guide them through the process. If you require the assistance of our construction lawyers, feel free to contact us at info@falconlawyers.ca.

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