No appearance for Madison Avenue Construction Corporation

The Applicants sought a direction for funds from a property sale and costs.

Respondent Amrita Randhawa Gill moved to strike portions of affidavits based on settlement privilege.

The court dismissed the motion to strike, finding no settlement privilege for the emails in question regarding the Applicants' claims for monies owed or ownership interest.

The court also converted the entire Application into an Action due to material facts in dispute and credibility issues that could not be resolved in an application.

This trial involved two consolidated construction lien actions concerning the priority of lien claimants (Hogg Fuel & Supply Limited and Absolute Electric) against mortgagees (Home Trust Company and Centurion Mortgage Capital Corporation) due to a deficiency in the statutory holdback.

The owners and general contractor failed to retain the required holdback.

The court determined that the lien claimants' entitlement to priority for the basic holdback expired because their liens were not preserved within 45 days of the Certificate of Completion's publication.

Consequently, the lien claimants were granted priority over the Home Trust mortgage only for the deficiency in the finishing holdback (10% of their claims).

The Centurion mortgage was deemed not a construction mortgage, thus no priority applied against it.

Full judgment for the lien amounts was awarded against the non-appearing owners and general contractor.