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Liens – Extraordinary Remedy!

By Satinder Sidhu

Our Court of Appeal has said that the Builders Lien Act (the “Act”) is a statute that creates extraordinary remedies. Without the Act, there is no rule or precedent at common law that allows property to be encumbered by a builders lien. Accordingly, our Court of Appeal has said that the Act must be interpreted in a strict fashion. Our courts have no authority to add to the substantive rights of a lien claimant unless specifically provided for in the Act.