Can I pay security into trust to vacate a lien?

Date: October 2022

Unlike in Ontario, where security must be posted into court to vacate a lien, pursuant to s. 24 of the BC Builders Lien Act, a party has the ability to pay security into a trust account of its solicitors, in order to secure the release of lien claims.In Ontario, I’ve come across instances where parties suggest taking the same steps to vacate a lien. However, because the Ontario Construction Act does not have a similar provision, if parties vacate a lien in a manner similar to s. 24 of the BC Builders Lien Act, what is left, a civil action or a lien action? Does a party still have to prove its claim for lien or has the action become a breach of contract action? As a result of these questions (and other concerns), I do not recommend doing this.

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