Does a lien claimant have the right to pursue its claim?
British Columbia, Canada
The following excerpt is from The University of British Columbia v. James A. Rice Limited, 1995 CanLII 518 (BC SC):
41 The case of Hughes v. R. & H. Developments Ltd. et al (1978), 5 B.C.L.R. 313 (B.C.C.C.) is clearly distinguishable from the present case - namely, in that case the lien claimant failed to commence an action within the requisite period and therefore lost the right to pursue its claim. In this case, as has already been set out, I have concluded that all of the lien claimants have filed within the requisite time period. V)Conclusion
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