Does the doctrine of marshalling apply to a builder’s lien?
Alberta, Canada
The following excerpt is from Gerrow v. Dorais, 2010 ABQB 560 (CanLII):
The doctrine of marshalling is not applied only to mortgagees, and accordingly, I know of no reason why the holder of a builders’ lien cannot have resort to the doctrine of marshalling: Narduzzi v. Richardson, 2009 BCSC 588, 54 C.B.R. (5th) 1 (at para. 29 and the cases cited therein at paras. 25-28).
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