The filing deadlines are strict for Ontario Construction Liens
In Ontario, contractors or people who contribute to an improvement may be entitled to a lien. The time for preserving a lien will be 60 days, however the point of measurement for those days varies based upon the party's role on the project. General contractors will have a different point of measurement then other persons, including subcontractors. For liens of "other persons", those being parties who do not have a direct contract with the owner, the 60-day period is measured from the earlier of three or four dates. The operative date depends on whether a certificate of substantial performance is declared or published, or supply is carried out following substantial completion of the improvement.
Following this, the party will have a further 90 days to perfect their lien, measured from the last day of the 60-day period that person had to preserve their lien.
The below calculator is designed to assist with the measuring of critical dates for a subcontractor based on date of last supply only. Note that if any of the events listed in section 31(3) have occurred earlier than date of last supply, the 60-day clock will begin running from that event.
Any lien which is not preserved and perfected within the time provided under the Construction Act will expire.
NOTE: THE ABOVE IS NOT LEGAL ADVICE. WE ARE NOT RETAINED TO ACT ON YOUR BEHALF NOR SHALL WE BE RESPONSIBLE FOR THE PROTECTION OR PRESERVATION OF YOUR LIEN RIGHTS BY YOUR ACCESSING OF THIS CALCULATOR.
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