Hometime

Hometime · Alberta legislation

SS Houses with a Secondary Suite

SS · Prompt Payment and Construction Lien Act

Part 8 — Enforcement of Liens

52 Time for filing defence

Current to 2025-04-01 · Official PDF

(1) The time within which a defendant may file a statement of
defence or demand for notice is the period limited for the filing of
defence by the Alberta Rules of Court.
(2) A party not named as a defendant is not required to file a
statement of defence.
(3) At any time following the issuance of the statement of claim, a
party may file with the court and serve on any lienholder a notice to
prove lien in the prescribed form.
(4) A lienholder served with a notice to prove lien shall, within 15
days from the day of the service of the notice on the lienholder, file
with the court in which the proceedings were commenced an
affidavit providing detailed particulars of the lienholder's lien.
(5) A lienholder on whom a notice to prove lien is served and who
does not file the lienholder's affidavit
(a) within 15 days from the day of the service of the notice, or
(b) within any further period that the court may order on
application,
loses the lienholder's lien.
(6) Any party to the action may question the lienholder on the
lienholder's affidavit filed pursuant to this section.
RSA 2000 cB-7 s52;2009 c53 s28;2011 c20 s2