Construction Liens & Construction Act Remedies
Toronto construction litigation lawyer services require experienced court-based advocacy in complex disputes arising under Ontario’s Construction Act. Construction disputes frequently involve urgent issues of payment, priority, and asset preservation, often requiring immediate procedural steps to protect a party’s legal and financial position. Liens, trust claims, and related statutory remedies under Ontario’s Construction Act are designed to secure payment rights across the construction pyramid, but they are highly technical, strictly time-limited, and subject to close judicial scrutiny. Failure to comply with statutory requirements can result in the loss of lien rights or exposure to significant adverse cost consequences.
We act for owners, developers, contractors, and investors in construction disputes involving:
- Registration and preservation of construction liens
- Motions to discharge or vacate liens
- Posting of security into court
- Priority and trust disputes
- Construction-related injunctions and CPLs
Courts have consistently emphasized that construction lien proceedings are procedurally complex and may involve summary determinations of lien validity at an early stage. In Infinite Construction Development Ltd. v. Chen, 2022 ONSC 3929, the Court addressed the standards applicable to lien discharge motions and confirmed that section 47 of the Construction Act can be used to test lien claims in a focused and efficient manner, even where broader factual disputes remain outstanding. This jurisprudence underscores the importance of early strategic decision-making and disciplined evidentiary preparation in construction litigation.
Clients seeking a Toronto construction litigation lawyer are often dealing with high-value disputes involving unpaid invoices, lien enforcement, trust deficiencies, or competing claims to project funds. These disputes frequently require urgent court intervention to preserve rights, maintain leverage, or prevent the dissipation of assets. Our construction litigation practice integrates statutory lien remedies with broader commercial litigation tools and asset-preservation strategies, including interlocutory motions, injunctions, and negotiated security arrangements tailored to the specific risks of each matter.
In appropriate cases, we seek or resist interim relief to protect our clients from improper or overstated lien claims, ensure compliance with strict statutory timelines, and position disputes for efficient resolution. Where matters cannot be resolved on a summary basis, we represent clients through contested motions, trials, and appeals before the Ontario Superior Court of Justice. Our approach is grounded in a practical understanding of construction projects and industry dynamics, combined with rigorous procedural advocacy, allowing us to advance outcomes that are both legally sound and commercially effective.
Our construction litigation practice integrates lien remedies with broader injunctive and asset-preservation strategies, including:
- Seeking or resisting construction liens related motions
- Protecting clients from improper or overstated lien claims
- Ensuring compliance with strict statutory timelines