Case Overview:

• Motion: Construction Energie Renouvelable GP/S.E.N.C. ("CER") sought to discharge 1499545 Ontario Inc’s (Northern Bulk Logistics, "NBL") lien, arguing it expired under the Construction Lien Act.

Key Facts:

• Claim Basis: NBL registered a construction lien for $507,730.66 in 2019 for subcontracted road maintenance services.
• NBL perfected the lien but failed to set it down for trial within two years, violating section 37 of the Construction Lien Act.
• NBL argued its lien related to the same "improvement" as another lien by Corbiere (drilling services for transmission lines), which had been set for trial in 2021.

Legal Issues:

1. Did the liens by NBL and Corbiere relate to the same "improvement" under the Act?
2. Could NBL enforce its lien within the Corbiere action despite not setting its own claim down for trial?

Court’s Analysis:

• "Improvement" and "Premises" Distinction: The Act ties a lien to the specific land described in the claim for lien. NBL and Corbiere's claims involved separate lands and improvements (turbines vs. transmission lines).
• Lien Expiry: NBL's failure to act within statutory deadlines rendered its lien unenforceable.
• Precedents: Unlike similar cases (e.g., Deslaurier Custom Cabinets), NBL and Corbiere did not relate to the same premises or funds.

Decision:

• The court discharged NBL’s lien as expired. The $557,730.66 lien bond was canceled and returned to CER.
• NBL was ordered to pay CER’s costs of $22,000.