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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