LIENS - Obtaining a lien - Registration - Time limits - Extension

Law360 Canada ( April 7, 2021, 6:20 AM EDT) -- Appeal by the defendant from a master’s decision dismissing the defendant’s claim that a certificate of pending litigation (CPL) filed against its property was filed late. On May 19, 2020, the plaintiff commenced the action. On May 25, 2020, the plaintiff filed the CPL against the property of the defendant. In February or March 2020, a pandemic was declared by the government of British Columbia with respect to COVID-19. On March 26, 2020, the provincial Minister of Public Safety and Solicitor General issued Ministerial Order M086 under the declared state of emergency arising from the pandemic. It included a “Limitation Periods (COVID-19) Order.” On April 8, 2020, the Minister issued Ministerial Order M098. The defendant claimed before the master that the CPL had to be filed by May 7, 2020. The plaintiff said the CPL had to be filed by May 27, 2020, and it was filed on May 25, 2020. The master concluded that the effect of MO86 was to extend the limitation period applicable to the plaintiff by 20 days. She disagreed with the defendant that MO98 eliminated that extension....
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