The appellant owner appealed a motion judge's order directing the release of holdback funds to subcontractors under the Construction Act.
The appellant argued the motion judge erred in calculating the minimum holdback and in ordering payments without a formal summary judgment motion.
The Divisional Court dismissed the appeal, finding the motion judge correctly applied the law regarding basic holdback obligations and set-off, and properly utilized the summary procedure under s. 67 of the Act to expedite payment to subcontractors.
