Chouinard v. Les Habitations Bel-Horizon Inc. ((Cour du Québec (Chambre Civile) District de Terrebonne))

20/09/13 – Jurisdiction Québec
Part 29 published on 01/02/10
Construction liens discharged

The original developer had assigned its interest in this 56-unit, six-phase project to the Defendant.  The Defendant had continued construction of the project and then had registered liens against the Plaintiffs’ units (sixteen units) for unpaid work.  The unit owners applied for discharge of the liens and were successful.  The Court held that the liens were not valid because there was no “contract of enterprise” between the Defendant and the owners.  The owners had contracted with (and fully paid) the original developer.  The owners had not contracted with the Defendant.