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Canada decisions
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The Supreme Court of Canada dismissed Paron Construction’s appeal, holding it was not a cestui que trust of funds paid into court under Ontario’s Mechanics’ Lien Act.
The Supreme Court of Canada held that a sale-and-leaseback construction financing arrangement made the lender an “owner” under the Nova Scotia Mechanics’ Lien Act, triggering the statutory holdback.
The Supreme Court of Canada held that a railway-owned quarry used to supply ballast was not an integral part of the railway system, so Ontario mechanics’ lien law applied.
The Supreme Court of Canada held that a supplier’s privilege covered lumber used for concrete form work where the materials were consumed or substantially altered in construction.
The Supreme Court held that s. 19(2) of British Columbia’s Mechanics’ Lien Act did not stop the owner from deducting completion costs after the contractor abandoned the work.
The Supreme Court of Canada held that a mechanics’ lien was filed in time because the townhouse project had not been abandoned; mere stoppage of work and a sale did not end the limitation period.
The Supreme Court of Canada held that a 15% contractual indemnity on a mortgage default could not be recovered under s. 8 of the Interest Act.
The Supreme Court of Canada held that a mortgage covering two properties had to be apportioned by value between separate hands, but only Victor could recover damages.
The Supreme Court of Canada held that the bank could not prove its debt after foreclosing and selling part of one parcel, because it had elected a course inconsistent with preserving all security.
The Supreme Court of Canada held that the respondent was not transacting the business of a loan corporation, so the mortgages were not invalidated.
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