The Conflicting Logics of Construction Lien Law in Ontario: Should the Divisional Court in Smiley Have Turned to the SCC’s Structal Decision for Guidance?
Not even a week after the Supreme Court of Canada (“SCC”) released its precedent changing decision in Stuart Olson Dominion Construction Ltd. v Structal Heavy Steel, 2015 SCC 43 [Structal] pertaining to the proper interpretation of provincial construction lien statutes, the Ontario Divisional Court (“ODC”) released its latest construction lien decision in K.H. Custom Homes […]