Case comment: great northern insulation services ltd. v. king road ...

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King road entered into subcontracts with great northern and web- densco. ... king road paving and landscaping inc. l.u. #153. ontario. case comment:.
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In Great Northern Insulation Services Ltd. v. King Road Paving and Land-scaping Inc., 2019 ONSC 3671, the Divisional Court overturned a trial judge's decision that granted a charging order in favor of a contractor's so-licitor priority over a subcontractor's trust claim. FFacts Agostino and Giuseppina Plati (the "Platis" or "owners") entered into a con-tract with King Road (the "contractor") to renovate a barn in Schomberg, On-tario. King Road entered into subcontracts with Great Northern and Web-densco. Great Northern and Webdensco both registered timely liens in re-spect of their claims, but the contractor did not. At some point, Webdensco and the contractor settled and Webdensco assigned its lien to the contrac-tor pursuant to s. 73 of the Construction Lien Act ("CLA"). Sutherland Law represented the contractor in the litigation and obtained a charging order in its favour. The trial judge held that the charging order had priority over subcontractor Great Northern's claim. While the ...