Associated Mechanical Trades Inc. v. Kurzbauer (Ontario Superior Court of Justice)

21/05/13 – Jurisdiction Ontario
Part 25 published on 01/02/09
Condominium-wide construction lien can be vacated against one unit

A construction lien was registered against all of the units in the condominium (for work done on the common elements).  One of the owners wanted to vacate the construction lien only as against the owner’s unit.  The Court said that the construction lien could be vacated against a particular unit by posting a portion of the construction lien attributable to the owner’s common interest as specified in the condominium Declaration (plus a similar proportion of the 25% security for costs).