In my opinion, any application by an individual claimant should be on notice to all other claims since their interests may be affected. In Patent Construction Systems v. Greater Vancouver Sewerage and Drainage District, 1999 CanLII 6559 (B.C.S.C.) [Patent], the plaintiff, Patent, had applied for a declaration of lien against the holdback in the amount of its claim. The declaration was opposed by the owner of the project. There, the court refused the declaration because it was premature, on the basis that: 3 … i) the claims of the other claimants have not been determined and ii) Patent’s notice of motion does not alert the other lien claimants that a declaration for the amount of the available hold back may be determined, which may prejudice those other named claimants. If Patent seeks such a declaration it must put all affected parties on notice of this application to allow them an opportunity to appear and argue this matter.
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