Appeal dismissed; general contractor not a cestui que trust of funds paid into court.
The appellant general contractor paid funds into court following a garnishment order obtained by a judgment creditor of its subcontractor.
The general contractor opposed the payment out of the funds to the creditor, arguing it was a cestui que trust of the funds under the Mechanics' Lien Act or that it stepped into the shoes of lien claimants it had paid directly.
The Court of Appeal rejected these arguments and ordered the funds paid out.
The Supreme Court of Canada dismissed the appeal in a brief oral judgment, finding no reason to disturb the Court of Appeal's decision.
Paron Construction v. Town Drywall et al., 1980 SCC 34
