What is the test for a lien under Section 112(2) of the SPA?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan VR2266 v. 228 CHATEAU BOULEVARD LTD., 2019 BCCRT 1262 (CanLII):
24. Though not binding on me, I also agree with the tribunal’s reasoning in Wadler v. The Owners, Strata Plan VR 495, 2018 BCCRT 567. The tribunal noted that the strata failed to provide the owner at least 2 weeks’ written notice before filing a lien under SPA section 112(2). While the strata sent a notice on June 29, 2017, more than 2 weeks before registering its lien on December 15, 2017, the letter failed to set out the required 2-week period for payment. The tribunal found the filed lien invalid for this reason alone (paragraph 138).
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