b'Legal Ontarios Old Construction Lien Act Is Still With Us By Jason J. Annibale and Connor CampbellHeres what toThefollowingarticleoriginallyIn this bulletin, we review recentthe Old Act or the New Act applies. appeared on the McMillan LLP web- CourtdecisionsonthetransitionMoreover,theinformationneces-site in August 2023. It is reprintedprovisions of the New Act to iden- sary to determine which version ap-do about it here with permission. law,alittletify best practices that contractorsplies may not be available to a lien I nconstructionadangerousand others providing constructionclaimantatthetimeofregistering knowledgeisservices should adopt to avoid miss- theirlien.Accordingly,acautious thing. ing lien periods. approach is needed.Most members of the con- Thisisparticularlytruebe-structionindustrywillrecallthat1.When in doubt, assumecause parties do not have a right to Ontariomadesignificantchangesyou have 45 days to lien,know whether the Old Act or the towhatwasthe ConstructionLienNew Act applies when they place a Act (theOldAct)andisnownot 60 lien. 2 InCrosslinx Transit Solutions the ConstructionAct (theNewIt seems reasonable that the NewConstructors v. Form & Build Sup-Act) as of July 1, 2018. We are nowActwouldgovernaconstructionply (Toronto) Inc., the lien claimant atthefive-yearanniversaryofthecontractorsubcontractenteredargued that the transition provisions New Act and it would be reasonableintotoday,in2023.However,as- of the New Act result in unfairness to think that the New Act governssuming this could be a costly error.totradeslowerdowninthecon-most ongoing construction projects.What matters is when the procure- structionpyramid,whomaynot However,manyindustrymembersment process started, or when theknowwhenaprimecontractwas continuetoencountersurprisesfirst contract was entered into forenteredinto.TheCourtrejected when they go to court, where theythe improvement. 1 this argument and emphasized that find that their projects are governedThe date of a partys contract ispublicpolicyrequiredthateither by the Old Act. not conclusive evidence of whetherthe Old Act or the New Actapply 14ONTARIO ROOFING NEWSISSUE 3 2023 THE ONLY SOURCE FOR PROFESSIONAL ICI ROOFING CONTRACTORS IN ONTARIO ORN'