The appellant general contractor appealed an order reducing the security required to bond its construction liens off title from over $32 million to approximately $13.8 million.
The Divisional Court first determined it had jurisdiction to hear the appeal, holding that an order reducing lien security under section 44(2) of the Construction Lien Act is a final order, not interlocutory.
On the merits, the court upheld the motions judge's finding that the appellant improperly calculated its lien claim on a 'costs plus' basis despite having a fixed price contract.
The appeal was dismissed with costs awarded to the respondents.
