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Following preservation of a construction lien by registering the lien on title to the subject property, the lien must then be “perfected” by issuing a statement of claim and certificate of action with the Superior Court of Justice. The certificate must also be registered against title to the property.

The Form 9 is not a “ticket”. It is a method of release from custody as found in the Criminal Code for accused individuals who are awaiting trial. Prior to receiving this form the accused was under arrest.

For example, Ontario's Construction Act defines “substantial performance” to be when the entire improvement or a substantial part of it is ready for its intended use, or is being used for the intended purpose, and the cost to complete the remaining work or remedy deficiencies is not more than 3% of the first ...

“Substantial completion” is the point in a construction project in which the contemplated premises have been completed to the point where the owner can move in and use the premises for their intended purposes. Not everything needs to have been completed for substantial completion to apply.

A motion to vacate a construction lien is typically filed by the property owner or another party with an interest in the property. The motion must be filed in the Ontario Superior Court of Justice and must set out the grounds on which the party seeks to have the lien removed.

Preserving the Lien—Claim for Lien In order to be preserved in time, a lien claimant must, with certain exceptions, register a claim for lien over title to the property. The registration must take place before the expiry of the 45-day period described.

A Form 9 is used when an individual (e.g. - a family member or friend) believes another person has a mental disorder and apparently meets the committal criteria used by a physician.