The appellant registered an adjudicator's determination under the Construction Act but failed to give the required notice within 10 days.
The motion judge voided the enforcement steps and barred the appellant from taking any further steps to enforce the determination.
On appeal, the Divisional Court held that while voiding the initial enforcement steps was an appropriate discretionary remedy for the non-compliance, barring future enforcement was disproportionate and contrary to the prompt payment scheme of the Act.
The appeal was allowed and the bar on future enforcement was struck out.
