Lien action must be filed in Supreme Court

Court actions in respect of builders liens must be filed in the British Columbia Supreme Court and cannot be filed in Small Claims Court. Section 1 of the Builders Lien Act defines “Court” as the “Supreme Court” and s. 31 gives the “court” the power to declare that a lien claimant is entitled to a lien for the amount found to be due to it on account of work done: 
 
"court" means the Supreme Court;
(Builders Lien Act, s. 1).
 
In an action to enforce a claim of lien, the court may declare that the lien claimant is entitled to a lien for the amount found to be due.
(Builders Lien Act, s. 31(1)).
 
As explained in more detail below, court actions in respect of liens must be started in specific registries of the Supreme Court depending on the location of the land the particular lien relates so. The lien claimant is not, as is the case for most Supreme Court plaintiffs, entitled to pick any Supreme Court registry of their choosing.

 

 

 

Need help with a builders lien issue? Click here for our recommended lawyer.