The appellant appealed an order of the motion judge regarding a claim for breach of trust under the Construction Lien Act.
The Court of Appeal dismissed the appeal, finding that the motion judge's order requiring the respondent to pay the full amount of the claimed trust funds into court adequately secured the appellant's claim pending resolution of the contractual dispute.
Furthermore, the motion judge correctly found no evidence to support a claim for punitive damages, leaving nothing further to litigate regarding the breach of trust.
