Civil Procedure Rules of Nova Scotia  
To conduct a search focused only on the
Civil Procedure Rules, use this search box

Part 15 - Other Kinds of Proceedings

Rule 67 - Builders’ Lien

Scope of Rule 67
67.01 (1) This Rule provides procedures, in addition to the procedures provided under the Builders’ Lien Act, for an action started to enforce a builder’s lien.
  (2) This Rule also allows a person who starts an action for enforcement of a lien under the Builders’ Lien Act to claim alternatively for a judgment obtainable under Rule 8 - Default Judgment.
  (3) A builder may obtain a default judgment instead of remedies under the Builders’ Lien Act, in accordance with this Rule.
Other Rules apply
67.02 (1) These Rules, except a Rule that is inconsistent with a provision of the Builders’ Lien Act, apply to an action started by filing a statement of claim under the Builders’ Lien Act.
  (2) In a proceeding to enforce a builder’s lien, the statement of claim is the originating document referred to in Rule 82.14(2), of Rule 82 - Administration of Civil Proceedings.
Builders’ alternative claim for judgment
67.03 (1) A builder who starts an action to enforce a builders’ lien, and claims that a defendant is personally liable to pay the amount secured by the lien, may file a notice of alternative claim in debt.
  (2) The notice of alternative claim in debt must conform with the requirements for a notice of action under Rule 4 - Action, except for the following differences:
it must include the same court number as is assigned to the builders’ lien statement of claim by which the action is started;
it must be entitled “Notice of Alternative Claim”;
it must state that an action has been started by filing the Builders’ Lien Act statement of claim, that an alternate claim is made for a money judgment for the entire amount due to the builder, and that it is made by filing the notice;
there is no need for a statement of whether the claim is under $150,000;
the prothonotary need not certify the date of filing on the original notice.
  (3) A notice of alternative claim may be in Form 67.03.
67.04   Notice of the alternative claim must be given to the defendant in accordance with the provisions for giving notice of a proceeding to a party, in Rule 31 - Notice, as if the notice of alternative claim were an originating document.
Default judgment
67.05 (1) A builder may make a motion for judgment alternative to a claim to enforce a builders’ lien by filing a notice of withdrawal, under Rule 9 - Discontinuance, withdrawing the claim to enforce the lien and by complying with Rule 8 - Default Judgment.
  (2) Subject to Rule 67.05(1), Rule 8 - Default Judgment applies to an alternative claim as if the notice of alternative claim were a notice of action for debt under Rule 4 - Action.