(b) a claim for taxes, charges, rates or assessments levied or recoverable under the
Municipal Act, 2001,
City of Toronto Act, 2006
Roads Boards Act
Statute Labour Act
(c) a lien or claim that is prescribed. 1998, c. 19, s. 86 (1); 2002, c. 17, Sched. F, Table;
2006, c. 32, Sched. C, s. 7.
Exception, non-residential lien(2)
A lien in respect of a unit for non-residential purposes does not have priority under this
section in respect of the amount by which the owner of the unit has defaulted in the obligation to
contribute to the common expenses before the coming into force of this section. 1998, c. 19,
s. 86 (2).
Notice of lien(3)
The corporation shall, on or before the day a certificate of lien is registered, give
written notice of the lien to every encumbrancer whose encumbrance is registered against the
title of the unit affected by the lien. 1998, c. 19, s. 86 (3).
Service of notice(4)
The corporation shall give the notice by personal service or by sending it by registered
prepaid mail addressed to the encumbrancer at the encumbrancer’s last known address. 1998,
c. 19, s. 86 (4).
Effect of no notice(5)
Subject to subsection (6), the lien loses its priority over an encumbrance unless the
corporation gives the required notice to the encumbrancer. 1998, c. 19, s. 86 (5).
Priority if notice late(6)
If a corporation gives notice of a lien to an encumbrancer after the day the certificate of
lien is registered, the lien shall have priority over the encumbrance to the extent of,
(a) the arrears of common expenses that accrued during the three months before the day
notice is given and that continue to accrue subsequent to that day; and
(b) all interest owing on the arrears and all reasonable legal costs and reasonable expenses
incurred by the corporation in connection with the collection or attempted collection
of the arrears. 1998, c. 19, s. 86 (6).
Default with respect to leased unit87. (1)
If an owner who has leased a unit defaults in the owner’s obligation to contribute
to the common expenses, the corporation may, by written notice to the lessee, require the lessee
to pay to the corporation the lesser of the amount of the default and the amount of the rent due
under the lease. 1998, c. 19, s. 87 (1).
Service on lessee(2)
The corporation shall give the notice to the lessee by personal service or by sending it
by prepaid mail addressed to the lessee at the address of the unit. 1998, c. 19, s. 87 (2).
Notice to owner(3)
If the corporation gives a notice to a lessee, it shall give a copy of the notice to the
owner of the unit that the lessee has leased. 1998, c. 19, s. 87 (3).
Service on owner