Bringing a Construction Lien Matter Into Ontario Small Claims Court

Hi everyone, it’s Kristy from Clearly Legal.

Today, I want to discuss how a construction lien matter can end up in Small Claims Court in Ontario and outline the basic timeline—first, a quick reminder.

A lien is a charge registered on the title to a property.

Step 1: Know the lien deadlines

Construction lien files live and die by deadlines.

In general terms, under Ontario’s Construction Act:

• Preserve the lien by registering it within 60 days of the relevant triggering event (often the last day services or materials were supplied).

• Perfect the lien by starting the court action and taking the required steps within 90 days after the last day the lien could have been preserved.

Remember to check your dates carefully, to ensure you are hitting your deadline.

Step 2: Start the lien action in Superior Court

Lien actions are started in the Ontario Superior Court of Justice.

Once the Statement of Claim and Statement of Defence are issued, served, and filed, the parties have pleadings in place to move the case forward.

Step 3: Bring a motion to transfer the case to Small Claims Court

Section 58(1)(c) of the Construction Act allows a judge to refer a lien action (or part of it) to Small Claims Court if the action is within the monetary jurisdiction of Small Claims Court.

Ontario’s Small Claims Court monetary limit is up to $50,000.

In practice:

• Either party can bring the motion after pleadings are in place.

• If the transfer is granted, the file moves into the Small Claims process.

Step 4: Proceed under the normal Small Claims process

Once Small Claims Court has the paperwork, the file follows the normal Small Claims steps, including the settlement conference and the path to trial if it does not settle.

Let’s Connect

Yes, I can handle this process.

If you need help with lien timelines, issuing and filing documents, or bringing a motion to transfer a lien action to Small Claims Court, contact me at kristy@clearlylegal.ca. My experience can save you time and money.