The appellant subcontractor appealed a trial judge's decision granting priority to a solicitors' charging order over the subcontractor's trust claim under the Construction Lien Act.
The Divisional Court allowed the appeal, finding that funds payable to the contractor by the owners on account of an assigned lien were trust funds under section 8 of the Act.
The court held that the subcontractor's trust claim, including interest on the trust funds, takes priority over the solicitors' charging order.
