“Obviously, if everyone is solvent, nobody cares about trusts, secured interests or priorities.
If everyone is solvent, nobody cares about builder’s liens either.”

In a few short words earlier this summer, a majority of the Alberta Court of Appeal defined a legal issue that divided that appellate court. In the result, a statutory construction trust did matter — to the tune of about $1 million. The case should matter to construction lawyers across Canada, too.

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