Civil Procedure Rules of Nova Scotia  
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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:
   
(a)
it must include the same court number as is assigned to the builders’ lien statement of claim by which the action is started;
   
(b)
it must be entitled “Notice of Alternative Claim”;
   
(c)
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;
   
(d)
there is no need for a statement of whether the claim is under $100,000;
   
(e)
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.
       
Notice
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.
       

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