The plaintiff subcontractor brought a motion for summary judgment against the defendant general contractor for breach of trust under the Construction Lien Act.
The defendant had received funds from the project owner but withheld payment to the plaintiff after the plaintiff registered a claim for lien.
The court found that the defendant's failure to pay the trust funds within a reasonable time and failure to provide an accounting constituted a breach of trust.
The defendant's cross-motion for set-off was dismissed due to lack of evidence.
Judgment was granted in favour of the plaintiff for $559,926.18.
