The plaintiff subcontractors brought an action against the defendant, an officer of a bankrupt excavation company, claiming she was personally liable for breach of trust under s. 13(1) of the Construction Act.
The defendant handled the company's bookkeeping and finances but argued she was unaware of her status as an officer and merely followed her husband's instructions.
The court found that the defendant knew she was an officer, had effective control of the company's finances, and knew or ought to have known about the breach of trust.
The court held the defendant personally liable and ordered her to pay the outstanding amounts owed to the plaintiffs.
