Acts and Regulations

M-6 - Mechanics’ Lien Act

Section 9
Disposition versions

Full text
Priority of lien
9(1)A lien has priority over
(a) all judgments, executions, assignments and receiving orders recovered, issued or made after the lien arises, and
(b) subject to subsection (2), all claims under conveyances, mortgages and other charges, and agreements for sale of land made by the owner before or after the lien arises.
9(2)Where a conveyance, mortgage or other charge or agreement for sale is registered before the filing of a claim of lien, a payment or advance made on account of the conveyance, mortgage or other charge or agreement for sale before the filing of a claim of lien or before notice in writing of the lien has been given to the person making that payment or advance has priority over the lien, but only to the extent that the total of all payments or advances made by the person, including that payment or advance, does not exceed the value of the land at the time that payment or advance is made.
9(3)Notice in writing under subsection (2) may be given in the form prescribed by regulation and may be delivered either personally or by registered mail to the person making the payment or advance, and where the person making the payment or advance is a corporation, the notice may be delivered to an officer of the corporation at its head office or to the manager or other person in charge of an office of the corporation within the Province.
9(4)Where the owner has an estate or interest in the land as purchaser under an agreement for sale and the purchase money or part thereof is unpaid, the vendor has priority over a lien only to the extent of the value of the land at the time the lien arose.
R.S., c.142, s.8; 1965, c.27, s.2, 5; 1972, c.45, s.2; 2013, c.32, s.20
Priority of lien
9(1)A lien has priority over
(a) all judgments, executions, assignments, attachments, garnishments and receiving orders recovered, issued or made after the lien arises, and
(b) subject to subsection (2), all claims under conveyances, mortgages and other charges, and agreements for sale of land made by the owner before or after the lien arises.
9(2)Where a conveyance, mortgage or other charge or agreement for sale is registered before the filing of a claim of lien, a payment or advance made on account of the conveyance, mortgage or other charge or agreement for sale before the filing of a claim of lien or before notice in writing of the lien has been given to the person making that payment or advance has priority over the lien, but only to the extent that the total of all payments or advances made by the person, including that payment or advance, does not exceed the value of the land at the time that payment or advance is made.
9(3)Notice in writing under subsection (2) may be given in the form prescribed by regulation and may be delivered either personally or by registered mail to the person making the payment or advance, and where the person making the payment or advance is a corporation, the notice may be delivered to an officer of the corporation at its head office or to the manager or other person in charge of an office of the corporation within the Province.
9(4)Where the owner has an estate or interest in the land as purchaser under an agreement for sale and the purchase money or part thereof is unpaid, the vendor has priority over a lien only to the extent of the value of the land at the time the lien arose.
R.S., c.142, s.8; 1965, c.27, s.2, 5; 1972, c.45, s.2