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Direct Payments

In almost all legal cases, we can understand the positions of the parties. Some positions are better; some are worse. But at least they are reasonably arguable. In some cases, however, we just cannot fathom the position that the lawyers for one of the parties take. The case of Demikon Construction Ltd. v. Oakleigh Holdings Inc., a 2024 decision of the Ontario Superior Court of Justice, is one of those cases.

Motion

The construction manager of a condominium project registered a $5 million claim for lien. The developer posted security for $5,050,000 (i.e. the lien amount plus $50,000 for costs). The developer obviously needed to clear title so that mortgage money or unit sales would flow in the normal course.

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