Torys insight on lien claimant disputes featured in Insolvency Insider Canada

Insolvency Insider Canada has republished a Torys insight titled “Holding back on holdbacks: ONCA confirms when construction lenders rank ahead of lien claimants in priority disputes”.

The piece, authored by partners Adam Slavens and David Outerbridge, counsel Alexandra Shelley, and senior associate Shalom Cumbo-Steinmetz explored the Ontario Court of Appeal’s decision in KingSett Mortgage Corporation v. Mapleview Developments Ltd. and what it means for construction projects moving forward.

An excerpt from the article is below.

The Ontario Court of Appeal recently confirmed that, where there are no subcontractor lien claims, contractor lien claimants take priority over a construction lender only for holdbacks calculated against unpaid invoices—not the total value of all invoices—preserving the Construction Act’s balance between lien claimants and mortgages while avoiding double recovery.

You can read the full piece on the Insolvency Insider Canada’s website.

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