Ontario Construction Liens – The Essentials

Program includes three online modules designed to clarify foundational and complex lien concepts, and provide you with practical insights, guidance and materials. It is strongly recommend to view the  Construction Liens in Ontario: The Essentials, before attending the program as this content will not be repeated.

1. Construction Liens in Ontario: The Essentials (70m, 2021) *Pre-work/view pre-program*

• What is a lien? When do rights arise and expire?
• Understanding the different types of liens
• How to preserve, register and give a lien – vacate, discharge and perfect
• What is the liability for exaggerated liens?
• Troubleshooting tips

Paul Hancock, Daoust Vukovich LLP

2. Ted’s Lien Talk: Key Changes to Complex Liens Under Ontario’s Construction Act (65m, 2020)

• Leases – key steps, determining ownership and the pros and cons in your situation
• Condominiums – key steps, entitlement and analyzing whether to lien work by or on behalf of the condominium corporation
• Municipalities and Crown Agencies – key principles, mechanics and navigational tips
• Subdivisions – entitlement, lot and by‑lot provisions, park lands and buffer zones, roads and residential homes
• Troubleshooting tips to avoid common pitfalls

Featuring Theodore (Ted) Rotenberg, Retired Senior Counsel
Interviewer: Jason Annibale, McMillan LLP
Interviewer: Sandra Astolfo, WeirFoulds LLP

3. Breach of Trust and Companion Remedies: Moving Beyond the Usual and Other Risks (73m, 2023/2024)

• Overview of a breach of trust action and remedies – key principles, mechanics, steps and the pros and cons to consider
• Summary of key trust action issues, challenges and what they mean
• How to prevent or mitigate liability
• Troubleshooting tips, including what to do if your matter ends up in court
• Session includes resources for bringing/defending a breach of trust action

Theodore (Ted) Rotenberg, Retired Senior Counsel
Tushar Sabharwal, Drudi Alexiou Kuchar LLP

8:30 a.m. Onsite Registration

9:00 a.m. Chairs’ Welcome and Opening Remarks

9:10 a.m. Understanding Liens, the Holdback System and the Key Players

• What is a construction lien? How does it work, and why does it matter?
• The construction lien and the statutory holdback system: purpose, importance and mechanics
• The key players in the construction pyramid and their exposure under the statute
• Transition provisions – how to determine whether the Construction Lien Act or the Construction Act applies?

Geza Banfai, McMillan LLP

10:00 a.m. Starting the Lien Process: Preservation and Perfection

• When and how to preserve a construction lien: considerations, documentation, and preliminary investigations
• Preserving and perfecting a construction lien: timelines, technical requirements, and forms
• How to navigate section 37 and the set down deadline
• Key steps and available remedies to support the lien process: section 39 requests for information and surety bonds
• Overview of conducting title searches – getting it right:
  • Teraview Documents – parcel abstracts, mortgages, instruments, and encumbrance
  • Applications to Delete, construction lien forms, proper terminology
  • Overcoming issues with the LRO, such as how to determine when counsel can or cannot make a ‘sheltering statement’
• Geographic distinctions in select regions (within and outside Toronto)
• The class-action like nature of a lien proceeding – includes references and discovery
• How to set a lien down for trial

Neeta Sandhu, Pallett Valo LLP

11:15 a.m. Break 

11:30 a.m. Common Lien Errors: Tips, Trips, and Repairs

• Common mistakes and how to avoid or repair them
• Managing client expectations and communications
• Real-world examples and LAWPRO insights

Brendan Bowles, Glaholt Bowles LLP
Martine Morin, Unit Director and Counsel, Lawyers’ Professional Indemnity Company (LAWPRO)

12:15 p.m. Lunch Break

1:15 p.m. Common Motions, Productions and Discoveries in Lien Actions

• Overview of common interlocutory motions
• Cross examination of the claim for lien
• How to prepare for and respond to common procedural challenges
• Managing productions and disclosure obligations
• Discovery strategies and procedural tips
• When to use experts

Michael Swartz, WeirFoulds LLP

2:30 p.m. Break

2:45 p.m. Lien Trials and Arbitrations: What to Expect and How to Prepare

• Common issues to prove during a lien trial and arbitration
• Common evidentiary issues and how to handle them
• How to put in evidence and expert reports
• Use of discovery transcripts
• Understanding the new procedures under the Construction Act:
  • Scott Schedules, Vetting Committee, Carriage and Salvage Costs
  • Pre-Trials and Settlement Meetings
  • Reports and Interim Reports
  • Consolidation orders and consecutive trials
  • How to get a trial management hearing outside of Toronto
• Practical tips on how to prepare for a lien trial and arbitration

Paul Hancock, Daoust Vukovich LLP

4:00 p.m. Mortgage Priorities and Construction Liens: Who Gets Paid First?

• Priority rules under the Construction Act: types of mortgages
• Interplay between lien claimants, mortgagees, and other creditors
• Who gets named in the lien action?

Geza Banfai, McMillan LLP

4:45 p.m. Closing Remarks and Wrap-Up