LIENS - Defects and formalities - Wrong owner named - Payment of monies into court - Discharging lien

Law360 Canada ( October 19, 2022, 11:39 AM EDT) -- Determination of whether the landlord was an owner such that its title was lienable. Also, whether the lien could be treated as a lien against the leasehold interest. The Builder's Lien Act defined an owner as a person having an estate or interest in land at whose request, express and implied, work is done for an improvement to land. All agreed that the landlord (718721 Alberta Ltd) was a person having an estate or interest in the land in question. On the request aspect, the design consultant (Smart Grow Pros, LLC) argued that 718 expressly requested that Smart Grow provide its consulting services here. Smart Grow framed that arrangement as an express request by 718 for its services. Smart Grow saw the provisions of the lease as obliging Destiny to construct one or more buildings on 718's lands. In its view, that translated to 718 requesting both that such work be performed and that suppliers like Smart Grow provided services to facilitate it....