Osgoode Professional Development
The construction liens process in Ontario is highly technical, and the costs and burden for getting things wrong is escalating. Get the specialized knowledge and skills you need to effectively manage the construction liens process in Ontario.
Developed for experienced industry professionals and legal advisors, in this intensive program you will learn the latest in law and practice from highly experienced legal practitioners and decision-makers and how to improve your ability to navigate the construction liens process in Ontario. You will work through the anatomy and mechanics of liens and the lien trial process, and learn best practices and which tactics to use – or avoid – in your lien matters.
What You’ll Learn
- Key updates, impacts and best practices for 2024 – what’s happening in the industry, what are the biggest risks and changes impacting liens arising from ongoing market uncertainty
- How to navigate new rules, laws and conflicts and managing your lien matters
- How to get a trial management hearing outside of Toronto
- When do liens arise? When do they expire?
- How to recognize and differentiate the various types of liens
- The mechanics of how to preserve, register and give a lien – including vacating, discharging and perfecting
- How to identify gaps in the law and fill them using language in your contracts and subcontracts
- Troubleshooting tips – what to do when there are two subcontracts issued to one trade? Federal land?
- Oddball and other liens, including the non-lienable
- To lien or not to lien? How to assess the legal and strategic considerations, including:
- Interplay between liens and adjudication
- Relationships in the construction industry and related dynamics
- Alternatives to liens (other security and dispute resolution procedures)
- Deciding whether to lien or not after losing at adjudication
- Monetary limits and minimums – are there amounts too small for a lien?
- What to do when CRA gets involved?
- How to evaluate what’s truly a lienable service – including capital repairs, maintenance, construction management, design services, union work
- What is the liability for exaggerated liens?
Pallett Valo Speakers:
Catherine DiMarco, Partner
Maria Ruberto, Partner
Location:
In-Person (at the Osgoode Professional Development Downtown Toronto facility) or Online
Accreditation
This program contains 6 substantive hours and 1 professionalism hour.