The respondent supplier manufactured custom doors for the appellant subcontractor, who failed to pay.
The supplier claimed breach of trust under s. 8(1) of the Construction Lien Act against the subcontractor and its principals.
The trial judge dismissed the trust claim because the supplier did not know the specific improvements where the doors were installed.
The Divisional Court allowed the appeal.
The Court of Appeal dismissed the appellants' appeal, holding that s. 8(1) does not require a supplier to intend that materials be incorporated into a known and specific improvement at the time of supply.
A link to the improvement is sufficient, and in this case, the link was established because the subcontractor deliberately frustrated the supplier's attempts to trace the materials.
