February 12, 2021
Ken McEwan, K.C. and William Stransky successfully represented two defendants in dismissing liens the claimants sought to enforce against its power plant. The lien claimants, who carried out a turnaround project on a separate facility owned by the landlord, alleged that the services they performed entitled them to a lien over all of the assets found on the lands, including on the land that MFC Power leased and the assets on it. Ken and Will successfully argued that the maintenance and repair work the lien claimants performed could not found a claim under the Alberta Builders’ Lien Act, settling uncertainty under that act as to whether the work on which a lien was claimed had to be connected to or done in the course of construction. The full reasons can be found here.