Law360 Canada ( April 1, 2025, 12:04 PM EDT) -- Appeal by Xemex Contracting Inc. (Xemex) from chambers judge’s declaration that the lien Xemex filed against Aspen Properties (Northland Place) Ltd. (Aspen) was invalid. Xemex filed the lien for renovations Xemex completed on a leased property occupied by Koor Energy Ltd. (Koor). Xemex was hired by Koor but wanted to recover payment from Aspen as the property owner after having been unable to collect from Koor. The key issue was whether Aspen qualified as an “owner” under the Prompt Payment and Construction Lien Act, which would make Aspen liable for the unpaid invoices. The chambers judge found Aspen impliedly requested the work by actively participating, such as approving plans, providing requirements to Xemex and having been kept informed on changes and invoicing. The chambers judge found no direct benefit for Aspen, as the renovations were incomplete and would require significant costs for Aspen to make the space marketable again. Xemex argued that the chambers judge erred in finding that Aspen received no direct benefit from the improvements, and that the work was done with Aspen's “privity and consent.”...