Sending a Notice of Lien…How Is the 10-Day Notice Period Calculated?

In a recent case in Ontario, the Court of Appeal has upheld the Superior Court of Justice's ruling on the computation of time when giving notice of a lien in a condominium. The Condominium Act requires that the notice must be given "at least ten days before" the registration of the certificate of lien. The court confirmed that when determining whether proper notice has been given under Section 85 of the Condominium Act, 1998, the date on which the notice is deemed to be given is excluded and the date on which the lien is registered is included when counting the 10-day notice period. The article advises being aware of the wording in by-laws to confirm the date that notice is deemed to be effective.