Court of Appeal Opens the Door on Breach of Trust Remedies
|Area||Construction and Infrastucture|
On March 16, 2010, the Ontario Court of Appeal released its reasons upholding the ruling of the Divisional Court in Sunview Doors Limited v. Academy Doors & Windows Ltd., Vlasis Pappas, Vlasios Pappas and Olympia O’Brien. In overturning the trial judge, the Court ruled that in order for a s. 8(1) statutory trust to arise pursuant to the Construction Lien Act (the “Act”) it is not necessary that a supplier intend that its materials be incorporated into a specific and identifiable improvement in order to attract a trust remedy.
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