C.C.S.M. c. B91
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| 1
| (1)
| Definitions
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| (2)
| Registered common-law relationship
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| 2
| (1)
| Substantial performance
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| (2)
| Where work cannot be completed
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| (3)
| Supplying materials
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| (4)
| Meaning of "agent" in subsection (3)
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| 3
| (1)
| Crown, etc. bound
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| (2)
| Act not to apply to provincial highways, etc.
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| (3)
| Act not to apply to certain Manitoba Hydro contracts
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| TRUST PROVISIONS
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| 4
| (1)
| Receipts of contractor constitute trust fund
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| (2)
| fund
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| (3)
| Duties of contractor respecting trust fund
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| (4)
| Duties of sub-contractor re trust
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| 5
| (1)
| Receipts and moneys of owner constitute trust fund
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| (2)
| Advances on mortgages, etc.
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| (3)
| Duties of owner as to trust fund
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| (4)
| Exception
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| 6
| (1)
| Protection of money lenders
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| (2)
| Certain moneys not subject to garnishment
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| (3)
| Assignment not valid against lien or trust
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| (4)
| Assignment subject to trust
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| 7
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| Offence and penalty
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| 8
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| Limit of time for asserting claims to trust moneys
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| 9
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| Registration time limits, etc., do not apply to trusts
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| RECORDS
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| 10
| (1)
| Records by contractors and sub-contractors
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| (2)
| Records to be current
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| (3)
| Records to be kept after completion
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| (4)
| Separate records for each project
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| (5)
| Requirement to produce to inspector
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| (6)
| Offence
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| (7)
| Continuing offence
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| ATTEMPTS TO CIRCUMVENT ACT
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| 11
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| Waivers, etc., against public policy
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| 12
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| Devices to defeat liens and trusts
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| ORIGIN AND NATURE OF LIEN
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| 13
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| Creation of lien
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| 14
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| Small liens
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| 15
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| Commencement of lien
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| 16
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| Liens against Crown, etc.
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| 17
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| Where materials incorporated
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| 18
| (1)
| Where estate attached is leasehold
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| (2)
| Limit of lien
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| 19
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| Forfeiture of lease
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| 20
| (1)
| Prior encumbrances, etc.
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| (2)
| Future advances
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| 21
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| Insurance moneys when lien attaches
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| 22
| (1)
| Limit of owner's liability
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| (2)
| Liability of municipality with respect to certain roads, etc.
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| 23
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| Limit of lien claimed by person other than contractor
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| 24
| (1)
| Holdback
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| (2)
| Holdback after substantial performance
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| (3)
| Payment into holdback account
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| (4)
| Payments into holdback account on order of judge
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| (5)
| Order to pay into holdback account
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| (6)
| Holdback under Crown contracts etc.
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| 25
| (1)
| When holdback may be reduced
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| (2)
| Reduction of holdback on substantial performance of sub-contract
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| (3)
| Payment of holdback under subsec. 24(2)
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| (4)
| Payment of holdback under subsec. 24(2) respecting sub-contract
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| (5)
| sub-contract
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| (6)
| Certificate where no payment certifier
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| (7)
| Certificate of substantial performance by sub-contractor
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| (8)
| Judge's order for certificate
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| (9)
| Interest payable to sub-contractor
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| 26
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| Lienholders charge on holdback
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| 27
| (1)
| Effect of payments made with holdback
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| (2)
| Effect of payments without holdback
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| (3)
| Payment of holdback where no liens
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| (4)
| Payment of holdback where liens are registered
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| (5)
| Liability of corporation directors
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| (6)
| Where holdback not to be applied
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| (7)
| Charge on further amounts payable by Crown or municipality
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| 28
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| Interest on holdback account
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| 29
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| Amendment of contracts
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| 30
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| Payments in good faith without notice of lien
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| 31
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| Priority of lien
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| 32
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| Agreements for purchase
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| 33
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| Priority among lienholders
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| 34
| (1)
| Liens for wages
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| (2)
| Enforcing lien for wages when contract not fulfilled
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| (3)
| Calculating percentage in certain cases
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| (4)
| Devices to defeat priority
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| 35
| (1)
| Removal of materials during lien
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| (2)
| Costs
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| (3)
| Certain materials not subject to execution
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| 36
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| Architects and engineers to have no lien
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| REGISTRATION OF LIEN
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| 37
| (1)
| Registration
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| (2)
| Registration of two copies of claim
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| (3)
| Registration under both systems
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| (4)
| Lien on mineral location for mining
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| (5)
| Registration of claim document re disposition
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| (6)
| Registration in respect of Crown lands
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| 38
| (1)
| Contents of claim for lien
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| (2)
| Form of claim
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| (3)
| Address for service to be shown on claim
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| 39
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| What may be included in claim
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| 40
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| Liability for grossly exaggerated claims
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| 41
| (1)
| Claims not invalidated for informality
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| (2)
| Liens must be registered
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| (3)
| Action must be based on registered lien
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| 42
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| Lienholder a purchaser pro tanto
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| 43
| (1)
| Time within which claim may be registered by contractor
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| (2)
| Time within which claim may be registered by sub-contractor
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| (3)
| Time within which claim for materials may be registered
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| (4)
| Time within which claim for services may be registered
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| (5)
| Time within which claim for wages may be registered
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| (6)
| Meaning of substantial performance
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| 44
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| Registration of liens for work after substantial performance
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| 45
| (1)
| Where lien does not attach to land
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| (2)
| Notice of claim to holdback
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| (3)
| Giving notice of claim on Crown, etc.
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| (4)
| Time for giving notice
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| (5)
| Contents of notice
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| (6)
| Verification
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| (7)
| Address for service to be shown on notice
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| (8)
| Claims not invalidated for informality
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| (9)
| Notice must be given
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| SUBSTANTIAL PERFORMANCE
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| 46
| (1)
| Certificate of substantial performance by payment certifier
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| (2)
| Certificate of substantial performance by owner
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| (3)
| Judge's order for substantial performance
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| (4)
| No appeal
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| (5)
| Offence to give certificate of substantial performance fraudulently
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| (6)
| Contents of certificate of substantial performance
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| 47
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| Manner of giving certificate of substantial performance
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| 48
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| Certificate not invalidated for informality
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| EXPIRY AND DISCHARGE
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| 49
| (1)
| Lien expires if not registered within time
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| (2)
| Lien expires if registered and not proceeded upon
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| (3)
| Liens not attaching to land cease if no notice given
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| (4)
| Expiry of lien not attaching to land and not proceeded with
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| (5)
| Application of subsecs. (1) and (2) to liens not attaching to land
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| 50
| (1)
| Notice to lienholder to commence action
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| (2)
| Loss of lien
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| 51
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| Effect of order to vacate under sec. 55
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| 52
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| Application of secs. 50 and 51 to liens not attaching to land
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| TRANSMISSION OF LIEN
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| 53
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| Death of lienholder
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| 54
| (1)
| Assignment of lien
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| (2)
| Assignee registering lien
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| (3)
| Assignee registering assignment
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| DISCHARGE OF LIEN
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| 55
| (1)
| Registration of discharge
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| (2)
| Vacating lien on payment into court, etc.
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| (3)
| Vacating registration on other grounds
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| (4)
| Vacating registration of pending litigation order
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| (5)
| Registration of order
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| (6)
| Vacating pending litigation order
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| 56
| (1)
| Money paid into court, etc., in place of land
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| (2)
| No reduction of holdback
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| (3)
| Order for payment out of court
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| 57
| (1)
| Certain acts not prejudicial to lien
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| (2)
| Dealing with promissory note
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| (3)
| Action to be begun
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| (4)
| Proving claim in another action
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| RIGHTS TO INFORMATION
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| 58
| (1)
| Particulars of contract, etc.
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| (2)
| Particulars of sub-contract, etc.
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| (3)
| Information from mortgagee or unpaid vendor
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| (4)
| Costs of copies etc.
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| (5)
| Failure to respond to demand
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| (6)
| Order to produce
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| 59
| (1)
| Giving certificate of substantial performance
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| (2)
| False certificate of substantial performance
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| (3)
| Exceptions to subsection (1)
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| ENFORCEMENT OF LIEN
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| 60
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| Action to realize lien
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| 61
| (1)
| Action for benefit of all lienholders
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| (2)
| Lienholders may join in actions
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| (3)
| Discontinuance of action
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| 62
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| Failure to file defence
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| 63
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| Service of notice of trial
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| 64
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| Lienholders who are not parties to file statement
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| 65
| (1)
| Trial of action
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| (2)
| Disposal of questions and judgment
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| (3)
| Order for separate trial of certain issues
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| (4)
| No appeal
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| 66
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| Joining other claims
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| 67
| (1)
| Consolidation of actions
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| (2)
| Carriage of proceedings
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| (3)
| Application for directions
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| (4)
| No appeal from order respecting third parties
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| 68
| (1)
| Order for sale of land
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| (2)
| Sale of materials
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| 69
| (1)
| Appointment of receiver of rents and profits
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| (2)
| Appointment of trustee
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| 70
| (1)
| Orders for completion of sale, etc.
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| (2)
| Sale subject to encumbrances
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| 71
| (1)
| Report on sale
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| (2)
| Vesting of title
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| 72
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| Deficiency recoverable by usual process
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| 73
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| Personal judgment when lien fails
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| 74
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| Allowing claim to be proved after trial
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| 75
| (1)
| Costs at discretion of judge
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| (2)
| Costs for least expensive course
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| (3)
| Costs of vacating lien
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| 76
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| No fees on payments out of court
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| 77
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| Where no appeal lies
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| 78
| (1)
| Reference of lien action to master
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| (2)
| Action of court when report made
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| (3)
| Judgment
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| 79
| (1)
| How documents etc. given or sent
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| (2)
| Where document etc. sent by reg. mail
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| (3)
| Where mailing service not permitted
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| (4)
| Evidence of date of mailing
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| 80
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| Regulations
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| 81
| (1)
| Old liens and actions
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| (2)
| Trusts under Builders and Workers Act
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| 82
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| References to Mechanics' Liens Act, etc.
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| SCHEDULE
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| Form 1
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| CLAIM FOR LIEN
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| Form 2
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| CLAIM FOR LIEN FOR WAGES
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| Form 3
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| CLAIM FOR LIEN FOR WAGES BY SEVERAL CLAIMANTS
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| Form 4
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| AFFIDAVIT VERIFYING CLAIM
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| Or
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| Form 5
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| NOTICE OF CLAIM FOR LIEN
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| Form 6
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| NOTICE OF CLAIM FOR LIEN FOR WAGES
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| Form 7
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| NOTICE OF CLAIM FOR LIEN FOR WAGES BY SEVERAL CLAIMANTS
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| Form 8
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| CERTIFICATE OF SUBSTANTIAL PERFORMANCE
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| Form 9
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| PENDING LITIGATION ORDER
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| Form 10
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| NOTICE TO LIENHOLDER
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| Form 11
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| NOTICE OF TRIAL
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