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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2415
Experience:  25 years in practice
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We sold some building material to a customer who is not paying.

Customer Question

We sold some building material to a customer who is not paying. Us. We shipped directly to a jobsite. Can we put a lien on the property? We are in ontario
Submitted: 2 years ago.
Category: Canada Law
Expert:  Tom B. replied 2 years ago.
Hello
Yes, as the providers of materials to the site, you have a lien as long as you perfect it within 45 days. This is done by filling out a simple form and filing it at land titles. Here is the form....
http://www.ontario.ca/laws/regulation/900175#BK8
Here is the Statute...
https://www.canlii.org/en/on/laws/stat/rso-1990-c-c30/latest/rso-1990-c-c30.html
Part Five applies.
If you are beyond the perfection date, then you must sue and place a judgment on the property.
I hope you are within time and this information has been useful. Let me know if you require anything further.
Sincerely,
Tom
Customer: replied 2 years ago.
Does it matter that the company we sold the material to is not the ower of the property where it was installed?
Expert:  Tom B. replied 2 years ago.
No. The sole issue is whether goods were delivered to a property to enhance.
The owner must assure that all trades and material providers are paid. That is through their contracts. If a material provider places product on the land then the lien is against the land the material was put on.
The owner through contracts has to insure everyone gets paid.
The lien is against the land you put it on. You may have also a law suit in debt with the contractor who ordered it.
Tom

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