Jingsamichty

Good luck. Also if you've got a friendly lawyer, a letter from them might do the trick.

markan

I told my lawyer, he said think of it as just having money in the bank, the contract was so clear.
I just thought I would ask on this site as I got so much help and good advice going through the immigration process.
once again thanks Jing and AC

Mark

PS These problems could be solved a lot easier back home

Former Lancastrian

Do you have any friends of Italian heritage or those who wear cuts and ride Harleys and think they are near to God as they have Angels in their name.
Failing that a good lawyers letter gets them thinking.

Aviator

Be sure you are doing things correctly. You don't put a lien on an individual, you put a lien on property.
Try this http://www.mcmillan.ca/The-Construct...nd-Obligations
http://www.e-laws.gov.on.ca/html/sta...es_90c30_e.htm

I would not threaten a lien, just do it and then, if the balance of the contract is under the small claims limit, advise them you will take them to the provincial court for redress. This is assuming you can prove breach of contract.

This is if the lien act applies to your situation. We secured a judgement in our favour for the upper limit of small claims, but it took 3 years. We then put a lien on land owned by the debtor.

JonboyE

Just one thing to think about before putting a lien on a property if you are not dealing with the owner or developer. If you are working on a project that is being financed by a bank the bank will stop funding as soon as the lien is registered. They will not resume funding until they are assured that their security on the property is not impaired and this takes time and expensive lawyers. In the meantime the developer does not have access to funds so the GC does not get paid, and so the subs do not get paid. You can become really, really unpopular very quickly. If you get a reputation of being lien happy your work will dry up before you know it.

I realize this doesn't help you at all but I thought it worth mentioning.

Almost Canadian

At my last firm, I was the lien claim expert. While all that JonboyE has said is true, the opposite is also true. The one that is not paying you will suddenly find lots of others put pressure on to ensure that the lien is removed.

In Alberta, subs put liens on properties at the drop of a hat for precisely that reason. I suggest you speak to others in the industry to ascertain what is normal.

Timing is also an issue. In Alberta, one only has 45 days to register most liens.

markan

Ontario is also 45 days to put a lien on. The GC said putting on a lien on would not affect any of the other trades as his bonding would cover this issue.