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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101403
Experience:  Lawyer
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We completed some work as well as several other companies

Customer Question

Hi there
We completed some work as well as several other companies for a shed for a large beverage client.
The prime contractor is from Ontario and lied on a stat dec to the client , they have been paid in full for a job that was not 100% done.
The client hates them to be blunt as they screwed things up and they still owe 65k to 6 different trades here in Alberta. As they have no holdings in Alberta a ruling here is useless.
The owner of the company has threatened me several times of which I have a voice recording and emails of. He doesn't seem willing to pay at all and essentially became threatening when after not hearing from him for 3 weeks I contacted the client at which point we discovered he lied on his stat dec.
I want to pursue this And go after him to get him out of the construction sector and pursue criminal charges as well , what route do we take
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

When did you substantially complete your work on the shed?
How much are you yourself owed?

Customer: replied 1 year ago.
We are owed just under $15k
Electrical $5k
Plumber $2k
Insulators $30k
Insulation supplier $5k
Overhead door $8kWe completed the management work about 3 weeks ago as we coordinated the overhead door electrical hook up which Del Ric (Ontario contractor) never did.
Customer: replied 1 year ago.
We've also become the main provider of maintenance and construction for the client since then and we have an excellent working relationship with them
Expert:  Debra replied 1 year ago.

Is the shed in Alberta or Ontario?

Customer: replied 1 year ago.
The shed is in Alberta
Contractor who we have received some payments from is from Ontario
Expert:  Debra replied 1 year ago.

So what you can do is register a lien on title on the property where the shed is.

You have 45 days from the last day you did the work to register the lien.

Then you have to start a lawsuit within 180 days to perfect the lien and get a certificate of pending litigation from the courthouse when you start the lawsuit and register that on title too.

I know you like the client but this is the only way you can get the contractor to pay and be sure you have some security.

You can and should sue in Alberta.

If necessary you can then register the judgment in a court in Ontario to enforce it if necessary.

Customer: replied 1 year ago.
By registering it in Ontario wouldn't we have to go through the same process again or would we be able to go after his company assets etc
Expert:  Debra replied 1 year ago.

No. It's not another lawsuit. It is just registering the judgment

You cannot sue in Ontario as the substantial ties to the claim are in Alberta. You were hired in Alberta, you did the work, the shed is there etc.

Customer: replied 1 year ago.
by registering the judgement what does that do for me ?
Expert:  Debra replied 1 year ago.

It then has the same force and effect as if you sued in Ontario.

Then you can enforce it by seizing assets and registering liens etc

Customer: replied 1 year ago.
Is there a law reference you can provide for that statement ? I had talked with another lawyer and he said we'd need to start over again without seizing assets etc
Expert:  Debra replied 1 year ago.

I am a lawyer in Ontario. It is common knowledge that a judgment from another province can be registered in our court and can be then enforced simply as if it had been obtained in Ontario.

As well, as I've already stated to you you don't have the right to sue in must sue in the jurisdiction has the most substantial connection to the claim and that is Alberta.