LIENS - Enforcement of lien - Arbitration

Law360 Canada (May 18, 2017, 8:52 AM EDT) -- Application by the defendant, Tata Steel Minerals Canada (Tata Steel), for a stay of the action by the plaintiff, AECOM Consultants, pending arbitration. In 2011, the plaintiff contracted with the defendant for provision of engineering, procurement and construction management services. In 2015, the plaintiff registered a mechanics' lien in the amount of $5.7 million to secure payment under the contract. In 2016, the plaintiff commenced litigation to enforce the lien. On the same day, the plaintiff filed a notice of arbitration. Tata Steel sought a stay of the litigation on the basis the plaintiff could not proceed in two separate forums simultaneously. At issue was whether the mechanics' lien action should be stayed pending arbitration to determine any monies owed under the parties' contract. The plaintiff opposed a stay on the basis it never contracted to forego its lien claim rights, the litigation addressed matters and sought remedies outside of the arbitrator's jurisdiction, and that they were one of several lien claimants involving the defendant....
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