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Ontario Court of Appeals ruling good news for design and construction sector

January 28, 2019

Statutory trusts can survive bankruptcy – so long as funds remain identifiable and traceable
Ontario’s Court of Appeals has ruled that a statutory trust created under Section 8 of the Construction Lien Act/Construction Act can survive a bankruptcy.  The January 14, 2019 decision was made in the case of The Guarantee Company of Canada v. Royal Bank of Canada, 2019 ONCA 9 and overturns the lower court’s decision.

Consulting Engineers of Ontario - January 23, 2019

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