Rosemary L. Gasparro

Jul 31, 2023 | mondaq.com | Sam Rogers |Bonnie Greenaway |Rosemary L. Gasparro

How, if at all, does an unsuccessful interim adjudication effect a party's lien rights? In Arad Incorporated v Rejali et al, 2023 ONSC 39491 the Ontario Superior Court dismissed a defendant's motion for the return of monies deposited into court as security to a lien claim—even though an interim adjudicator had determined they were not liable to pay the plaintiff. This case examines the evidentiary burden required to be met for the court to reduce or return security under s.

Jul 27, 2023 | lexology.com | Sam Rogers |Bonnie Greenaway |Rosemary L. Gasparro

How, if at all, does an unsuccessful interim adjudication effect a party’s lien rights? In Arad Incorporated v Rejali et al, 2023 ONSC 3949[1] the Ontario Superior Court dismissed a defendant’s motion for the return of monies deposited into court as security to a lien claim—even though an interim adjudicator had determined they were not liable to pay the plaintiff. This case examines the evidentiary burden required to be met for the court to reduce or return security under s.