A subsequent lien claimant brought a motion to vary an interim report that directed the distribution of trust funds to original lien claimants.
The moving party sought to attach funds payable to its contractor to satisfy its own subsequent liens.
The court declined to vary the interim report, finding that the settlement agreement among the original lien claimants was valid.
However, the court ordered that the funds received by the contractor be impressed with a trust in favour of the moving party and other subtrades, and directed the contractor to pay 10% of the received funds to the moving party pursuant to a prior agreement.
