82(1)Unless a lienholder agrees in writing that any of the following shall have that effect, a lien is not discharged, paid, prejudiced, merged or extinguished by

82(2)Subject to subsections (3) and (4), the discounting or negotiation of a promissory note or other security taken or accepted for the amount claimed in a claim for lien does not discharge, pay, prejudice, merge or extinguish the lien but the lienholder who takes or accepts the promissory note or other security shall retain the lien for the benefit of the holder of the promissory note or other security.

82(3)In order to obtain the benefit of this section, a person who has given or extended the time for payment of any amount claimed in a claim for lien shall commence an action to enforce the lien within the time limit for commencing an action under this Act and shall register a certificate of pending litigation in the appropriate land registration office, if applicable, but no further steps shall be taken in the action until the expiry of the time for payment of the amount claimed in the claim for lien.

82(4)Nothing in subsection (3) relieves a person from the requirement to set an action down for trial within the time limit set out in subsection 66(1).

82(5)Even though a person has given or extended the time for payment of any amount claimed in a claim for lien, the person may, if an action is commenced by another person to enforce a lien against the same land, prove and obtain payment in that action of the amount claimed as if no time had been given or extended for payment of that amount.