Frontier Kemper Constructors, Inc. v. Rio Tinto Alcan Inc.
2 (1) Subject to this Act, a contractor, subcontractor or worker who, in
relation to an improvement,
(a) performs or provides work,
(b) supplies material, or
(c) does any combination of those things referred to in
paragraphs (a) and (b)
has a lien for the price of the work and material, to the extent that the price
remains unpaid, on all of the following:
(d) the interest of the owner in the improvement;
(e) the improvement itself;
(f) the land in, on or under which the improvement is located;
(g) the material delivered to or placed on the land.
 An “improvement” is defined in s. 1 of the BLA to include “anything made,
constructed, erected, built, altered, repaired or added to, in, on or under land, and
attached to it or intended to become a part of it, and also includes any clearing,
excavating, digging, drilling, tunnelling, filling, grading or ditching of, in, on or under
 Rio Tinto applies on a summary basis to remove the Lien pursuant to s. 25 of
the BLA or to cancel it pursuant to s. 24 of the BLA.
 Section 25 of the BLA prescribes the court’s authority to remove a claim of
lien to certain limited circumstances:
25 (1) An owner, contractor, subcontractor, lien claimant or agent of any of
them may at any time apply to the court, registrar or gold commissioner and
the court, registrar or gold commissioner may cancel a claim of lien if satisfied
(a) a lien is extinguished under section 22 or 33,
(b) an action to enforce the claim of lien has been dismissed
and no appeal from the dismissal has been taken within the
time limited for the appeal,
(c) an action to enforce the claim of lien has been
(d) the claim of lien has been satisfied.
(2) An owner, contractor, subcontractor, lien claimant or agent of any of them
may at any time apply to the court and the court may cancel a claim of lien if