The defendant construction management firm moved under s. 44(5) of the Construction Lien Act to reduce the security it posted to vacate the plaintiff subcontractor's lien.
The parties' contract stipulated that payment was conditional on certification by an authorized engineer.
The engineer certified that the plaintiff had been overpaid, and the plaintiff provided no evidence of bad faith or fraud by the certifier.
The court held that the certifier's decision was binding and reduced the security from over $500,000 to $24,000, accounting only for unpaid holdbacks and HST.
