Trust Fund Claim by Supplier
Construction Lien Action- Trust Fund Claim by Supplier: In order for a trust fund claim to arise under s. 8 of the Ontario Act in favour of a supplier, it is not necessary that the supplier intended...
View ArticleThe Trust Fund Provisions of the Construction Lien Act (Ontario): New...
The Trust Fund Provisions of the Construction Lien Act (Ontario): New developments relating to Suppliers and Third Parties By Thomas G. Heintzman O.C, Q.C. and Mekhriban Mamedova[1] 6th Annual...
View ArticleWhat Is The Role Of Owners and Contractors In The Application Of Trust Funds?
Construction Law – Construction Liens – Trust Fund Provisions The Ontario Court of Appeal has recently considered some interesting issues relating to the trust fund provisions of the Construction Lien...
View ArticleWhen Is An Officer, Director Or Controlling Person Liable For A Construction...
What are the limits of the trust fund liabilities under the Construction Lien Act? Those liabilities do not just apply to a contractor or subcontractor engaged in a building project. Those liabilities...
View ArticleDoes Posting A Lien Bond Eliminate A Contractor’s Trust Fund Obligations?
When a contractor posts a bond to secure the construction builder’s lien claim of its subcontractor and the subcontractor discharges its lien, does the contractor continue to have any trust fund...
View ArticleTrust Fund Obligations Continue After A Lien Bond Is Filed: Supreme Court Of...
The Supreme Court of Canada recently released its highly anticipated decision in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel. The court has held that the trust fund obligations on a...
View ArticleOntario Divisional Court clarifies the Trust Fund Obligation Under The...
In Robert Nicholson Construction Co. v. Edgecon Construction Inc., 2016 CarswellOnt 8345, 2016 ONSC 3107, the Ontario Divisional Court decided two matters of importance under the trust fund sections...
View ArticleTrust Fund Set Off Rights Are Not Available If No Trust Fund Is Maintained...
The Ontario Court of Appeal recently considered the scope of the right of set-off under the trust fund sections of the Ontario Construction Lien Act (the Act) and under equitable set-off under a...
View ArticleCRA Entitled To Priority Over Subcontractors To Trust Funds In Owner’s Hands
The Manitoba Court of Queen’s Bench recently held that the Canadian Revenue Agency (CRA) has priority over subcontractors and the bonding company in respect of holdback funds held by the owner in trust...
View Article
More Pages to Explore .....