Both Provincial Construction Lien and Federal Insolvency legislation contemplate the appointment of independent third parties to assist in the dispute resolution process.
Court Appointed Referee
The Construction Act allows for the appointment of a Referee to hear and dispose of all issues raised in a construction lien proceeding by way of Court Order and Report.
In addition, where a construction lien claim and related action is commenced pursuant to the Construction Act, and the underlying contract giving rise to the claim and action provides that the dispute must be resolved by way of arbitration, a Court Order may be made ‘staying’ (suspending) the lien action until the claim has been determined through the arbitration process.