The appellant, Landform Canada Construction Ltd., appealed a Master's decision holding that funds received under a 2012 Settlement Agreement were impressed with a trust in favour of the respondent, Aluma Systems Inc., and other lien claimants of the same class.
Landform argued that Aluma had contracted out of its statutory lien rights.
The Divisional Court dismissed the appeal, finding that Aluma had only contracted out of its lien rights in connection with specific 2012 amounts and had explicitly reserved its rights to pursue claims for subsequent work and scaffolding supply.
