That depends. There are several possible triggers under the Construction Lien Act that can start the running of the 45 day period within which a claim for lien must be registered to “preserve” your lien. Unless you have a contract with the owner or its agent, the date of last supply can be one of those triggers. This is a very important and sometimes complicated part of the Construction Lien Act and many a contractor and subcontractor has lost its lien rights because the time to register a lien has expired.
If you are owed money and are considering registering a claim for lien, I would strongly recommend that you promptly consult with a lawyer to discuss your situation and determine when your 45 days begins (or began!) to run.
Posted in: Ontario Construction Lien Act FAQs