The 2025 edition of Conduct of Lien, Trust, and Adjudication Proceedings will equip you to protect and pursue your clients’ construction lien-related interests at every step in the process.

What’s New in the 2025 Edition

Every chapter, appendix, precedent, and resource provided in the text has been thoroughly reviewed and updated in this 2025 edition, including revisions and updates of the following significant sections of the text:

Chapter 1 - Introduction: A Tale of Three Acts

Caledon (Town) v. 220742 Ont. Ltd. o/a Bronte Construction on the application of different versions of the Construction Act to the same contract
Pending changes to the Construction Act under Bill 216, Building Ontario for Your Act (Budget Measures), 2024 relating to holdbacks, adjudication, administration and transitional issues

Chapter 2 - Preserving a Lien

Gandhi v. Mayfield Acradeium Holdings Ltd. on the application of the curative provision at s. 6 of the Act
The treatment of subcontract lien claims under s. 31(3)(ii) of the Act

Chapter 3 – Perfecting a Lien

Joinder of breach of contract or subcontract claims under s. 3(2)
A new section regarding costs awards against lien claimant’s lawyers personally under s. 86(1)(b), including a discussion of 2708320 Ontario Ltd. cob Viceroy Homes v. Jia Development Inc.

Chapter 6 – Practice before the Court

TruGrp Inc. v. Karmina Holdings Inc. on the sufficiency of letters of credit as security for vacating the registration of a lien claim

Chapter 8 – Appeals and Opposing Confirmation of the Associate Judge’s Report

The Ontario Court of Appeal’s decision in MGW-Homes Design v. Pasqualino on the proper appeal route from a motion judge’s order on the enforceability of an adjudicator’s determination
The requirement for leave to appeal a costs order under s. 86 of the Act

Chapter 9 – Enforcement of Judgments and Reports

A new detailed section regarding receiving payment following judgement of a lien from a Lien Bond or Letter of Credit

Chapter 12 – Prompt Payment and Adjudication

A detailed new section on enforcing determinations under s. 13.20 of the Act, including options for enforcement under the Rules of Civil Procedure, the essential clerical matters to be completed, and practical guidance on three critical matters – lien deadlines, enforcement costs, and interest.

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Conduct of Lien, Trust and Adjudication Proceedings, 2025 Edition

Conduct of Lien, Trust and Adjudication Proceedings, 2025 Edition