Alexander Soutter of TGF examines an Ontario Court of Appeal ruling confirming that, in calculating a holdback deficiency under s. 78(2) of the Construction Act, amounts already paid to satisfy lien claims cannot be counted again, preventing lien claimants from gaining a windfall over building mortgagees.
Court of Appeal clarifies priority between building mortgagees and lien claimants
Jul 17, 2026
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