What are the consequences to an attorney in the Canadian legal system, who files spurious liens on behalf of her client, who doesn't have an ownership of the property, the lien is not agreed to by the owner of the property and it is not imposed by a judgment of a Court Order. I am the owner of the property, what are my options? liens were placed by an attorney on behalf of my x-husband. I divorced him fifteen years ago in California. This attorney filed for divorce again in BC Supreme Court and placed liens with absolutely no legal basis on the properties transferred to me as part of the settlement. My 'x' owes me a lot of money in unpaid child and spousal support and I owe him nothing. It bothers me to think that a member of the Canadian Bar Association can file a case with no legal basis, in a Court that has no jurisdiction over the case in the first place. Can I sue her in a Canadian Court or is it better to complain to the BC Law Society. Thank you.

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    I don't know Canadian law, but are you sure a lien is necessarily illegitimate under those conditions? Many jurisdictions allow for "mechanic's liens" which can be filed by an unpaid contractor, plumber, builder, etc, without the consent of the owner nor a court order. – Nate Eldredge Jan 25 '18 at 4:00

First of all, determine if these are truly spurious liens; some liens, as noted in comments, don't have to be agreed to by the subject of the lien and don't have to be approved by a court. Try Legal aid BC.

If they are, in fact. problematic liens, Canadian law provides a disciplinary framework giving people recourse against lawyers, so you can file a complaint against the him/her. See FAQ: Complaints and Discipline | The Law Society of British Columbia.

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  • Thank you so much. I suffered a big loss financially due to the liens on my homes transferred to me as a divorce settlement. Please suggest if i am better off taking this lawyer to Court or send a complaint to the Law Society of BC. Which is the best way to recover my losses, if at all I can recover. – Lakshmi Feb 1 '18 at 23:11
  • You need to talk to a lawyer and see if it might be possible to recover the losses, and if the liens should have been revealed during the divorce. – BlueDogRanch Feb 4 '18 at 5:47
  • Actually, leans were placed 13 years after divorce, on the homes transferred to me after the settlement. I tried to enforce the agreement through FMEP for child and spousal support. My x filed for another divorce application in Canadian court and placed leans on my properties immediately after, as a reprisal and to blackmail me into dropping the enforcement. i am still in shock that an attorney admitted to BC Law Society is able to do this. – Lakshmi Feb 14 '18 at 20:33

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