Guide to Placing a Lien on a House in Ontario: Steps, Deadlines, and Practical Tips

Placing a lien on a house in Ontario is a serious legal step designed to secure payment for work, services, or materials that improved the property. If you are a contractor, subcontractor, labourer, or supplier who hasn’t been paid, a lien can protect your right to recover what you’re owed. This guide explains—plainly and precisely—how liens work in Ontario, who can file one, the critical deadlines, and what to expect after filing. It also covers common mistakes to avoid and how owners can respond.

What a Lien Is in Ontario

A lien is a legal claim registered against title to a property to secure an unpaid debt. In Ontario, construction-related liens arise under the provincial Construction Act and are meant to protect those who improved the land (for example, by supplying materials, labour, or services). A lien does not automatically pay you; it preserves your right to be paid and, if necessary, lets you seek court enforcement against the property interest.

Because liens attach to the property, they can delay refinancing or sale until the claim is resolved. As a result, liens often motivate owners (or their lenders) to address the debt promptly.

Who Can Place a Lien on a House

Generally, anyone who supplies services or materials to improve the land under a contract (written or verbal) may be eligible to claim a lien. This commonly includes:

• General contractors and subcontractors
• Tradespeople and labourers
• Material and equipment suppliers

Eligibility hinges on whether your contribution improved the property. Routine upkeep or unrelated services usually won’t qualify. For a deeper look at creditor eligibility, see who is legally able to put a lien on your house in Ontario.

Deadlines and Timelines You Must Meet

Ontario’s lien regime is deadline-driven. If you miss the timelines, your lien rights can expire—no matter how strong your underlying claim may be.

• Preserve the lien: In many cases, you must register (“preserve”) the lien within 60 days of the applicable trigger (for example, the last day you supplied services or materials, or the date tied to substantial performance or project completion, depending on the circumstances).
• Perfect the lien: After preservation, you generally have a further 90 days to start a court action and register a certificate of action on title to keep the lien alive.

The exact trigger dates can vary with the project (e.g., whether a certificate of substantial performance is published). When in doubt, calculate conservatively and seek legal advice. Missing a deadline can invalidate your lien.

Step-by-Step: How to Place a Lien on a House in Ontario

The process involves two broad phases—preserving and perfecting—supported by careful documentation and notice.

Step 1: Verify eligibility and collect evidence

Confirm that your work or materials improved the property and that money is outstanding. Gather:

• Contracts, change orders, and correspondence
• Invoices, delivery slips, and timesheets
• Photos or site reports showing work performed
• Dates of last supply of services/materials

Step 2: Pinpoint your deadlines

Calculate the last day you supplied services or materials (or other applicable trigger). From that date, determine the 60-day window to preserve and the subsequent 90-day window to perfect. Consider adding calendar reminders a week or two in advance to avoid last-minute issues.

Step 3: Prepare the Claim for Lien

The Claim for Lien typically includes:

• Your legal name and contact details
• The amount claimed and basis (e.g., unpaid invoice totals)
• A concise description of the work or materials supplied
• A proper legal description of the property (not just the street address)

Inaccuracies can undermine your lien. If you are unsure about property descriptions, consult the parcel register or seek professional help.

Step 4: Register (preserve) your lien

File the Claim for Lien with the appropriate Ontario land registry office for the property’s location. Many practitioners use electronic systems to register documents on title. Registration fees and service charges vary.

Step 5: Serve required parties

Promptly serve a copy of the registered Claim for Lien on the property owner (and other parties, as applicable). Keep proof of service (e.g., affidavits, courier receipts), as you may need it later.

Step 6: Perfect your lien—or lose it

To enforce a lien, you must start a court action and register a certificate of action on title within the required time after preservation. If you don’t perfect your lien within the applicable period, it expires. This step often benefits from legal counsel because court pleadings, deadlines, and procedural rules are involved.

What Happens After You File

After preservation and service, several outcomes are possible:

• Negotiation and payment: Many disputes settle once a lien is registered, particularly if a sale or refinancing is pending.
• Posting security to vacate lien: Owners may post security (cash or bond) with the court to remove the lien from title while the dispute continues.
• Adjudication (construction disputes): Ontario’s prompt payment and adjudication provisions offer an interim dispute-resolution route for construction payment issues. Adjudication is typically faster than full litigation but has its own rules and timelines.
• Court enforcement: If settlement fails, perfected liens can proceed to court for determination. In some cases, the court may order a sale of the property interest to pay valid claims.

Owner Defences and How Liens Get Removed

Owners have several tools to address liens:

• Challenging validity: Arguing the lien is late, improperly described, for non-lienable work, or inflated.
• Payment into court: Posting security to vacate (remove) the lien from title pending resolution.
• Proof of payment and set-off: Showing payment was made or asserting set-off (e.g., for deficiencies or delays).

If you’re an owner facing a lien, learn the typical options for removing a lien from property in Ontario.

Special Situations: Condos, Tenants, and Tax Liens

• Condominiums: Liens must identify the specific unit and legal description. Improvements to common elements can raise added complexity around the proper party to lien.
• Tenant improvements: Where a tenant arranged the work, consider whether the lease and the law extend the lien to the landlord’s interest or limit it.
• Tax (CRA) liens: Canada Revenue Agency (CRA) property liens stem from unpaid tax debts and operate differently from construction liens. See our guide to CRA property liens for distinctions and homeowner implications.

Common Mistakes to Avoid

• Missing the 60/90-day windows: The top reason liens fail is lateness. Build in reminders and file early where possible.
• Wrong legal description: A street address is not enough. Use the registered legal description (and unit details for condos).
• Inflated claims: Overstating amounts can damage credibility and risk costs awards against you.
• Poor documentation: Keep contracts, changes, emails, delivery tickets, and timesheets organized. Good records strengthen your position.
• Skipping service: Failure to properly serve the lien can be fatal to your claim.

Costs, Documents, and Where to File

Costs: Expect a land registration fee and potential service fees if you use a registry agent or lawyer. Legal drafting and litigation costs vary with complexity. Many claimants find that early legal advice reduces risk and cost downstream.

Key documents often include: your contract (or proof of verbal terms), invoices, proof of delivery, timesheets, correspondence, site photos, and a properly prepared Claim for Lien with a correct property description.

Where to file: Liens are registered with the Ontario land registry office responsible for the property’s location. Many filings now occur electronically via registry platforms used by practitioners.

Alternatives to Liens and When to Use Them

Liens are powerful—but not always the only or best tool. Consider these other avenues depending on your situation:

• Demand letters and negotiation: A formal demand, coupled with documentation, can prompt payment without registration.
• Adjudication (construction payment disputes): Faster, specialized interim decisions for construction projects.
• Small Claims Court or Superior Court: If you want a judgment rather than a lien, you can sue directly. A successful judgment can be enforced via a writ. Learn how a writ of execution in Ontario can place an encumbrance against a debtor’s land after judgment.
• Wage garnishment: If you secure a judgment, you may be able to garnish wages within provincial limits. See our guide on garnishing wages in Ontario for context.

Note: Federal insolvency processes (consumer proposals or bankruptcies) can affect enforcement rights and priority of claims. For background, see federal insolvency resources on Canada.ca.

Professional Help and Reliable Sources

Because Ontario lien law is technical and deadline-driven, many claimants and owners choose to consult a lawyer experienced in construction matters. Legal counsel can:

• Calculate precise trigger dates and deadlines
• Draft accurate lien documents and ensure proper service
• Advise on strategy (e.g., negotiation, adjudication, or litigation)
• Help owners vacate liens and assert defences

For context on how widespread building activity is—and why payment disputes arise—see national data from Statistics Canada. For federal information related to insolvency or broader legal frameworks that may intersect with payment disputes, consult Canada.ca.

Conclusion

Placing a lien on a house in Ontario is a powerful way to secure payment for construction-related debts—but it only works if you follow the rules precisely. Confirm that your work is lienable, track your 60/90-day timelines from the correct trigger dates, file and serve your Claim for Lien accurately, and perfect it on time. Owners facing liens have options as well, from challenging validity to posting security to vacate. Whether you’re asserting or defending a lien, careful documentation and timely action are essential to a fair, efficient resolution.