The appellant building mortgagee appealed an order confirming a Master's report in a construction lien priority dispute.
The Master found that the appellant's $25,000 mortgage advance was made on November 19, 2009, giving the respondent lien claimant priority, based on a formal admission of fact that the appellant was refused leave to withdraw.
The Divisional Court dismissed the appeal, holding that the motion judge correctly applied the standard of review and that the formal admission of fact was conclusive.
