Appeal of decision regarding s. 78 of the Construction Act is dismissed!

Date: January 2023

Last year, I shared a motion’s decision from the Superior Court of Justice that interpreted parts of s. 78 of the Construction Act, which discusses the priority of liens and mortgages. My post from last year, which summarizes the motions judge’s reasons for dismissing the lien claimant’s motion, can be seen here.

The motions decision was appealed to the Ontario Court of Appeal and a decision was released earlier this week. The panel of Justices saw no error in the motion judge’s interpretation of the Construction Act and his application of the interpretation to the facts of the case.

Accordingly, the appeal was dismissed, and we now have Ontario Court of Appeal precedent with respect to the interpretation of s. 78 of the Construction Act. Click here for a link to the decision.

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