CITATION: Sayers Foods Ltd. v. Gay Company Ltd., 2026 ONSC 1589
DIVISIONAL COURT FILE NO.: DC 238/24 JR
DATE: 20260318
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
D.L. Corbett, Ricchetti and Sutherland JJ.
B E T W E E N:
SAYERS FOODS LTD.
Kevin D. Sherkin and Richard MacGregor, for the Applicant
Applicant
- and -
GAY COMPANY LTD.
Faren Bogach and James de Melo, for the Respondent
Respondent
Heard in Writing: March 2026
ENDORSEMENT
THE COURT:
[1] Following release of this court’s decision dismissing this application (2026 ONSC 918), counsel for the Applicant seeks to make further submissions to the court respecting the meaning and effect of amendments to the definition of “written notice of lien” in s. 1(1) of the Construction Act. These amendments were effective January 1, 2026.
[2] The court declines to entertain further submissions in respect to these amendments, which were not in effect at the time that Sayers was obliged to pay Gay Co. pursuant to the Determination, or at the time that Sayers did make payment into court. The effective date of Sayers’ payment, for the purpose of its notice holdback obligations, was the date on which it paid the funds into court, at the latest, and thus amendment to the Act effective January 1, 2026 does not impact on Sayers’ position respecting subcontractor lien claimants. Any payment of a balance of interest that may be owed is not affected by holdback requirements under the Act: payment of an interest obligation is not a payment from holdback funds.
[3] The court declines to provide “guidance” on the meaning and effect of the amendments that became effective January 1, 2026: such “guidance” can be given in a case in which that issue may be material to the result.
[4] Finally, the court notes that it was aware of these amendments when it released its decision in this case. The court did not reference them or make findings about them because the court concluded that they did not apply. No party raised the issue prior to release of our decision, and we did not consider it necessary to hear from the parties in respect to our determination that these amendments did not apply retrospectively to affect Sayers’ position respecting claims from subcontractors.
"D.L. Corbett J."
"Ricchetti J."
"Sutherland J."
Released: March 18, 2026
CITATION: Sayers Foods Ltd. v. Gay Company Ltd, 2026 ONSC 1589
DIVISIONAL COURT FILE NO.: 234/24
DATE: 20260318
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
D.L. Corbett, Ricchetti and Sutherland JJ.
BETWEEN:
SAYERS FOODS LTD.
Applicant
- and –
GAY COMPANY LTD.
Respondent
ENDORSEMENT
Released: March 18, 2026