The appellants, suppliers of building materials, sued the respondent under s 13(1) of the Construction Lien Act, claiming he was liable for breaches of trust by the general contractor of which he was an officer and director.
The trial judge found the respondent liable, but the Divisional Court reversed this decision.
The Court of Appeal dismissed the appeal, agreeing with the Divisional Court that there was no evidence the breaches of trust occurred after the respondent took control of the general contractor in May 2002, and the onus was on the appellants to prove this.
