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ARTICLE · 02 AUGUST 2016

Architectural Millwork & Door Installations Inc. v. Provincial Store Fixtures Ltd.

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On May 2, 2016, the Ontario Court of Appeal issued a decision in Architectural Millwork & Door Installations Inc. v. Provincial Store Fixtures Ltd., 2016 ONCA 320, regarding trust actions and the right of a contractor...

CanadaReal Estate and Construction
Natasha Carew
Natasha Carew
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On May 2, 2016, the Ontario Court of Appeal issued a decision in Architectural Millwork & Door Installations Inc. v. Provincial Store Fixtures Ltd., 2016 ONCA 320, regarding trust actions and the right of a contractor to set off under section 12 of the Construction Lien Act ("CLA").

The Facts

Provincial Store Fixtures, the builder, hired Architectural Millwork & Door Installations, the contractor, to install trim and accessories at a casino. The builder did not pay all of the contractor's invoices. The contractor brought a claim for breach of contract, but did not claim a lien or invoke the trust provisions of the CLA. The builder alleged that deficiency damages due to the contractor's defaults on other projects exceeded the outstanding invoices on the casino project, and asserted a right of set-off under section 12 of the CLA.

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