This article originally appeared in the December 25, 2015 issue of The Lawyers Weekly.
Recent decisions suggest a trend in Alberta that equitable considerations may sometimes operate to avoid the strict interpretation of the Builder's Lien Act.
The most recent example is the decision of Master Prowse in Boulevard Real Estate Equities Ltd. v. 1851514 Alberta Ltd. [2015] ABQB 619. In this particular case, the defendant 1851514 Alberta Ltd. ("185") provided work and materials at the request of Boulevard Real Estate Equities Ltd. ("Boulevard").
The numbered company 185 was not paid and it registered builders' liens. After the liens were filed, 185 was contacted by Boulevard and request to remove the liens.
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