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Pavle Levkovic, Kristen Shorer Examine Surety Priority in Construction Adjudications

Pavle Levkovic, partner and member of the firm’s Construction Group, and articling student Kristen Shorer recently commented on the Ontario Superior Court decision in Westport Insurance v. BDA Inc., 2024 ONSC 5450. The case explores whether a surety, Westport Insurance, could assert a priority claim over funds awarded in a construction adjudication. The court held that the surety could claim a security interest over the adjudication funds, though it declined to issue a final order for payment due to ongoing litigation.

Click here to read their full analysis, available on the Ontario Bar Association website.