Heather L. Acton

The moving party, a mechanical subcontractor, sought compensation for storage and handling costs of mechanical equipment retained after a construction project went into receivership.

The court found that the moving party met the broad definition of a 'storer' under the Repair and Storage Liens Act, as there was an understanding it would be paid for reasonable storage costs.

The court awarded storage costs at a rate of $82.19 per day from the date of the receivership appointment, but denied claims for the cost of installing a security gate and legal costs under the Act.

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.

The plaintiff lien claimants brought a motion for judgment following the defendants' default on a settlement agreement in a construction lien reference.

The first mortgagee, Pillar, sought the return of funds it had advanced that were held in trust by plaintiff's counsel.

The Master granted judgment to the lien claimants, finding they were entitled to enforce the settlement agreement upon default.

The Master dismissed Pillar's claim to the trust funds, holding that the funds were advanced to support the settlement without any escrow agreement in Pillar's favour and were therefore available to satisfy the judgment.