Geza Robert Banfai

The moving party sought leave to appeal the decision of an adjudicator.

The Divisional Court granted leave to appeal and reserved the costs of the motion, fixed at $5,000, to the appeal panel.

The parties were directed to request a case conference to address the appeal schedule and a request for an interim stay.

The applicant First Nation sought an interpleader order to pay a construction holdback fund into court due to multiple adverse claims from subcontractors, a garnishee, and the Canada Revenue Agency (CRA).

The court granted the interpleader, finding that the fund was neither the property of the general contractor (Razar) nor a debt payable to Razar, based on the contract terms and the Construction Act's trust provisions.

Consequently, the priority claims of the garnishee and CRA were dismissed as premature, as their claims depended on the fund being the general contractor's property.