The applicant, Dalren Limited, sought payment of a final invoice and construction lien holdback, arguing that the prompt payment provisions of the Construction Act applied.
The respondents, Loadstar Trailers Inc. and 1978327 Ontario Ltd., contended that these provisions did not apply because the procurement process for the improvement commenced before July 1, 2018, falling under the Act's transitional rules.
The court found that the procurement process indeed began before the critical date, and that the applicant, despite not owning the land at the outset, qualified as an 'owner' under the Act for the purpose of commencing the procurement process.
Consequently, the prompt payment provisions were deemed inapplicable, and the application was dismissed.
