The applicant condominium corporation sought to enforce an arbitration agreement and award, which required the transfer of property from the developer respondents free of encumbrances.
The respondent law firm, Blaney McMurtry LLP, opposed this, asserting a valid solicitors' charging order over the same property for unpaid legal fees.
The court considered whether to set aside or vary the charging orders and whether to enforce the arbitration award.
The court found that the charging orders improperly covered property not "recovered or preserved" through the solicitors' work and set them aside as against the transfers to the condominium.
Consequently, the arbitration agreement and award were enforced and incorporated into a judgment.