How do I get a lien removed from my property in Ontario?

To remove a construction lien from your Ottawa property, you have several options depending on your situation, but you must act quickly as Ontario's Construction Act has strict timelines.

The most common ways to remove a lien in Ontario are:

Payment or Settlement: If the lien is valid and you owe the money, paying the contractor or subcontractor will result in the lien being discharged. Make sure you get a written "Discharge of Lien" document that gets registered on your property title through your lawyer or the contractor's lawyer.

Posting Security: Under Ontario's Construction Act, you can have a lien removed by posting security (usually cash or a bond) equal to 125% of the lien amount with the court. This doesn't eliminate your obligation to pay if the lien is valid, but it clears your title so you can sell or refinance your property.

Court Application: If you believe the lien is invalid, improperly filed, or fraudulent, you can apply to the Superior Court of Justice to have it removed. Common grounds include the lien being filed too late (must be within 60 days of substantial completion), incorrect amounts, or work that was never performed.

Expiry: Construction liens in Ontario automatically expire if the lien holder doesn't commence court action within 90 days of registering the lien. However, don't rely on this alone - confirm the lien has actually been removed from your title.

What to Watch For: Be extremely cautious about paying anyone to remove a lien without proper legal documentation. Scammers sometimes file fraudulent liens hoping for quick payment. Always verify the legitimacy of the work and the amount claimed.

For Ottawa properties, you'll need to work with a real estate lawyer familiar with Ontario's Construction Act. The process involves registering documents with the Land Registry Office, and mistakes can be costly. Most lawyers charge $1,500-$3,000 to handle lien disputes, but this is usually worth it to protect your property.

Critical Timeline: If you're facing a lien, don't delay. The 90-day clock starts ticking from when the lien is registered, and after that, the lien holder can start court proceedings that become much more expensive to resolve.

Contact the Law Society of Ontario (1-800-668-7380) to find a lawyer experienced in construction liens, or consult with a real estate lawyer who can review your specific situation and recommend the best approach for your Ottawa property.