You're just getting to this? We pulled this stuff from Lexis-Nexis back in 2004. Here's an early reference from the RB CDVJ board with the articles properly attributed:
Copyright 1993 CanWest Interactive, a division of CanWest Global Communications Corp. All Rights Reserved The Ottawa Citizen September 4, 1993, Saturday, FINAL EDITION SECTION: BUSINESS; Pg. F2 LENGTH: 188 words HEADLINE: Fraudulent mortgage broker fined after pleading guilty BYLINE: KRISTIN GOFF; CITIZEN BODY: Andrea Michael Cortellazzi, has been fined and placed on probation after pleading guilty to fraudulently collecting fees to arrange mortgages and for operating as an unregistered mortgage broker.
Cortellazzi, who operated James Andrews Development Corporation on Bank Street, pleaded guilty to two counts of fraud over $ 1,000 in connection with complaints that he collected fees to arrange mortgages, but didn't refund the money when mortgages were never arranged.
He was ordered to repay $ 7,685 to two victims whose complaints led to the fraud charges and was placed on 24 months probation, after pleading guilty in Provincial Court in Ottawa.
Cortellazzi also faces a fine of $ 5,000 or five months in prison, for operating as a mortgage broker without registering under the Ontario Mortgage Act.
Cortellazzi's wife, Giovanna Raso, who operated JRC Realty Consulting at the same Bank Street location, was convicted in February of carrying on a business as a mortgage broker. She was fined $ 2,000. Cortellazzi's employee, Denis Clairmont, was also fined $ 500 after conviction for the same offence. _____________________________________________________________
Copyright 1998 CanWest Interactive, a division of CanWest Global Communications Corp. All Rights Reserved The Gazette (Montreal, Quebec) September 10, 1998, Thursday, FINAL EDITION SECTION: NEWS; Pg. A3 LENGTH: 449 words HEADLINE: School canceled; money gone BYLINE: SUE MONTGOMERY; THE GAZETTE BODY: Several parents whose children were enrolled in a north-end Montessori school showed up this week to find the building's doors locked and its principal gone with thousands of dollars in fees and deposits.
The Quebec government has received several calls from angry parents and has asked the Montreal Urban Community police to investigate.
Jenny Mariani said she registered her 2-year-old daughter in March at the school on Beaubien St. near Langelier Blvd. and paid $ 670 in registration fees for September. Later, she forked over $ 100 for a deposit on a uniform.
"(The principal) said he would be sending me forms, but I didn't hear anything," she said in an interview. "I finally made an appointment to see him the week before school started but when I got there, the place was in a shambles."
Her husband, Cosimo Panetta, is furious with the man he says conned dozens of parents into giving him huge amounts of money.
"He told people if they paid for the whole year at once, he'd give them a discount, so some people are out by $ 4,000," Panetta said. "And where are they supposed to take their children now? There are no spots left in daycares.
"This guy is a wanted man."
Favourable Reports
Parents, including Louise Boisvert, who paid $ 1,400 up front last spring for her 3-year-old son to attend the private school, have tried in vain to get in touch with the principal, Andre Cortellazzi. There was no answer yesterday at his business number.
"It's incredible what he's done," she said, adding she estimates at least 100 parents have been left high and dry.
Boisvert said she decided to enroll her son in the school, which has been operating for about three years, after hearing favourable reports from other parents.
Police have taken several complaints from frustrated parents who showed up at the locked building to find a note on the door saying the principal was having leasing problems and was moving to Amos St. There is no answer at the number the note provides for further information.
"I drove by that (Amos St.) building last night, and it was covered in graffiti," Panetta said. "I looked in the windows and there's nothing there - no chairs, no blinds and nothing to indicate that something is going to happen. It's an abandoned building."
A spokesman for Quebec's Education Department said it had given Cortellazzi a permit to operate his Beaubien St. school but hadn't granted one for his new location on Amos St.
"It's been very difficult to get in touch with him, but we've contacted him today and the case is being reviewed," Rolande Hamel said.
She said it will be up to the parents to go to court to recover their money.
Copyright 1998 CanWest Interactive, a division of CanWest Global Communications Corp. All Rights Reserved The Gazette (Montreal, Quebec) September 12, 1998, Saturday, FINAL EDITION SECTION: NEWS; Pg. A3 LENGTH: 403 words HEADLINE: More families stranded: Principal disappears with fees from second school BYLINE: MICHAEL MAINVILLE; THE GAZETTE BODY: A Montessori school principal who accepted thousands of dollars from Montreal parents and then left their children out in the cold this week seems to have done the same thing in Laval.
Police are looking into complaints of fraud after about 40 parents who had enrolled their children in the school on de la Concorde Blvd. found its doors locked when classes were to have begun this week.
According to police and parents, the principal of the Montreal school, Andre Cortellazzi, was also in charge of the school in Laval.
Sgt. John Green of Laval police said last night that parents paid between $ 300 and $ 1,000 each for their children to attend the school.
"But when the parents arrived the school was closed and a 'For Rent' sign was up on the building."
Police have not yet decided whether any fraud has been committed, Green said, and are planning to meet with more parents before beginning a formal investigation.
Parents are being asked to attend a meeting with Det. Sgt. Pierre Dion on Monday at Station 2 in Laval, 3225 St. Martin Blvd. E., at 7 p.m.
Montreal Urban Community police are also still waiting before beginning an investigation into the Montreal school closing.
Lt. Jacques Taschereau of the fraud squad said his department has yet to receive the complaints filed by parents. He said he expects them on his desk soon and an investigation could begin then.
Some of the 80 parents who had enrolled their children in the north-end Montreal school, on Beaubien St., are planning to meet with lawyers this week to see whether they can recoup some of the tuition money.
Jenny Mariani, who registered her 2-year-old daughter in the Montreal school in March, said last night she wasn't surprised to hear that Cortellazzi had closed the school in Laval as well.
"One of the parents went to his house to find him and he said that everything was gone - the place was empty," she said. "He's nowhere to be found."
Mariani said other parents she has talked with are coping with the school closing, but not easily.
"Some of the parents are trying to get their children into other schools. But many of them are booked so they're having to stay home from work and look after their children during the day."
There are about a dozen other schools in Montreal that use the Montessori method of teaching but the two run by Cortellazzi were not affiliated with any of them.
Copyright 1998 CanWest Interactive, a division of CanWest Global Communications Corp. All Rights Reserved The Gazette (Montreal, Quebec) September 16, 1998, Wednesday, FINAL EDITION SECTION: NEWS; Pg. A5 LENGTH: 330 words HEADLINE: Montessori probe widens BYLINE: THE GAZETTE BODY: Fraud investigators with Laval police have received 31 formal complaints about a Montessori school on de la Concorde Blvd, a spokesman said yesterday.
The complaints allege that almost $ 16,000 was paid in deposits for the private school that was found locked when classes were to have begun last week, Sgt. John Green said.
Meanwhile, fraud investigators with the Montreal Urban Community police are looking into another school run by Andrea Cortellazzi.
One formal complaint has been received against Cortellazzi but meetings later this week with other parents are expected to yield more complaints, fraud investigator Det.-Sgt. Andre Quenneville said yesterday. Some parents have organized a meeting with police for Friday at 7:30 p.m. at the YMCA at 4567 Hochelaga St.
At least a dozen Montreal-area schools use the Montessori teaching method. Only those run by Cortellazzi have been referred to fraud investigators.
Some of the 80 parents who had enroled their children in the north-end-Montreal school, on Beaubien St., said last week that they plan to meet with lawyers to see what can be done to get their money back.
Parents said that school had been operating near the intersection of Beaubien and Langelier Blvd. for several years. When parents arrived last week, they found a note saying that leasing problems had been encountered and directing them to a building on Amos St.
Education-department officials could not be reached for comment yesterday.
Operators of other Montessori schools have expressed concern that their schools will be confused with those now subject to police scrutiny.
Pradeep Sagar, who runs several Montessori schools, said yesterday that he wants to offer "a discount" to parents who appear to have lost their deposits.
His Kinderville Private School, a bilingual pre-kindergarten to Grade 6 school in Candiac, can absorb another 30 to 40 children, he said. Fees there can reach $ 3,900 a year, Sagar said.
Copyright 1998 CanWest Interactive, a division of CanWest Global Communications Corp. All Rights Reserved The Gazette (Montreal, Quebec) September 17, 1998, Thursday, FINAL EDITION SECTION: NEWS; Pg. A1 / FRONT LENGTH: 741 words HEADLINE: Montessori operator had fraud conviction BYLINE: MICHAEL MAINVILLE; THE GAZETTE BODY: Parents in Montreal and Laval are furious the Quebec government granted Andrea Cortellazzi a permit to run Montessori schools even though he had a criminal record for fraud and there is an outstanding warrant for his arrest in Ottawa.
Cortellazzi operated two Montessori schools: one on de la Concorde Blvd. in Laval was to open this year, and another on Beaubien St. in north-end Montreal had been running since 1996. About 120 parents in Montreal and Laval paid Cortellazzi between $ 300 and $ 2,000 each to enroll their children in his schools.
But now he seems to have gone missing after parents showed up to drop off their children at school and found the doors locked and a "For Rent" sign on the Laval building.
Thirty-two complaints against Cortellazzi have been filed with Laval police, and police in Montreal are meeting parents tomorrow to hear their complaints.
But parents say they shouldn't have to be dealing with police because the Quebec Education Department should not have granted Cortellazzi the permit to run the school in the first place.
Cortellazzi pleaded guilty in September 1993 to two counts of fraud of more than $ 1,000 in an Ottawa court in connection with complaints that he collected fees to arrange mortgages, but didn't refund the money when mortgages were never arranged. He was ordered to repay $ 7,685 to two victims whose complaints led to the fraud charges and was placed on 24 months probation.
In 1989, he pleaded guilty to construction without a permit and demolition without a permit in Ottawa and was fined $ 5,000, after he demolished a part of a heritage building he part-owned.
He is now wanted by the Ottawa-Carleton police for violating terms of his probation in connection with the 1993 case.
"It's completely ridiculous that he was granted this license," said William Aguilar, a lawyer who is representing the parents and who himself paid Cortellazzi almost $ 1,000 to enroll his 5- and 6-year-old children in the Beaubien St. school. "Can just anybody open a school in this province? Parents expect that (the Education Department) is giving permits to people who can be trusted."
A spokesman for the Education Department yesterday said it was not aware of Cortellazzi's criminal record when he was granted the license in 1996, or when it was renewed in 1997.
"Certainly there are some verifications made, to see if they have the proper financial resources, for example," department spokesman Rolande Hamel said. "But there is not a check of the criminal records of every person who applies for a private-teaching permit."
Hamel said the department last heard from Cortellazzi on Sept. 10, when they received notice from him that he was ceasing operations and returning his permit. She said he was never granted a permit for the Laval school. Attempts to contact him since then have been unsuccessful, she said.
"The contract was canceled, and it does not resolve the parents' problems, but as far as the department is concerned the file is closed," she said. "It is not up to the Education Department to take steps so the parents can have their money returned, it's up to the parents to do that."
But Aguilar said the government is responsible, since the law forbids them under some circumstances from granting licenses to private-school administrators who have broken the law.
The Law on Private School Teaching states the government can only give permits to schools where administrators "have not been declared guilty or been recognized as guilty, in the three years preceding the request, of an offence against the present law or of a criminal act during the exercise of duties in a teaching institution."
While the law seems to apply only to those who commit crimes while working at a school, Aguilar said he thinks it was clearly the intention of legislators to prevent any criminal from running a school. In that sense, Aguilar said the government is guilty of "non-application of the law" and should refund the parents' money if Cortellazzi can't.
"We will take all necessary steps to get the money back," he said.
But for parents like Jenny Mariani, who registered her 2-year-old daughter in the Beaubien St. school in March, the Education Department has more to answer for than just monetary losses.
"What they did just doesn't make sense to me, that they would hand out a permit to someone without checking on them. That's their job."
Copyright 1998 CanWest Interactive, a division of CanWest Global Communications Corp. All Rights Reserved The Gazette (Montreal, Quebec) September 18, 1998, Friday, FINAL EDITION SECTION: NEWS; Pg. A3 LENGTH: 616 words HEADLINE: School checks lacking: parents: More complaints laid against Montessori-school administrator BYLINE: KATE SWOGER; THE GAZETTE BODY: As new complaints were filed with police against a private-school administrator with a fraud record, the ministry responsible for issuing permits for such schools said it has no plans to change its policy on background checks.
Two more parents have filed formal complaints with the Laval police against Andrea Cortellazzi, a Montessori-school administrator who collected fees from them but now appears to have disappeared with their money.
Cortellazzi has been missing since parents and students in Laval and Montreal North showed up at his two schools on the first day of classes to find the doors locked.
He was issued a permit to run the Montreal North school by the Quebec Education Ministry, despite the fact that he had a criminal record for committing fraud in Ottawa and was wanted for violating his probation there. He had no permit for the Laval school, which was set to open this September.
There are now 34 complaints against the school administrator, involving more than $ 17,000 in fees. More are expected in the next few days, Sgt. John Green of the Laval police said yesterday.
However, a spokesman for the ministry said there are no plans to change the policy on background checks for those applying for permits.
"It's much too early to answer that question," Rolande Hamel said. "For the moment, we are trying to rectify the problem. It's one problem, not a general one. So if the regulations or the law will eventually be changed, I can't say."
Provincial law on private schools says permits will not be granted to people who have committed crimes while at a school in the three years preceding a request. Cortellazzi pleaded guilty to fraud in 1993 in connection with fees for arranging mortgages.
Hamel said the department visits schools when permits are issued, renewed or revised, but would only check an administrator's criminal record if a red flag were raised.
"If we have reason to doubt someone, or even if there are people who inform us of something, there may be an investigation that's a bit more in-depth, but people's criminal records are not checked in a systematic manner."
The ministry's stance makes Nancy Charbonneau angry. Her daughter was registered at the Montreal North school run by Cortellazzi.
"Anyone can open a school, even if they have a criminal record," she said in an interview from her home last night. She and several other parents were getting ready for a meeting with Montreal Urban Community police tonight to file formal complaints against Cortellazzi. The meeting will take place at 7:30 p.m. at the YMCA at 4567 Hochelaga St.
Charbonneau said she is amazed by how little information private-school administrators have to give the Education Ministry.
"I work in a restaurant, and every month a inspector comes. He checks to see if the toilets are clean, to see if the food is good, to see if the employees are wearing hats. But for a school, they issue permits for three years and never check on them once. We want an explanation for that."
Because of the incident, she has lost faith in the government's ability to license private schools, she said.
"We're talking about children, children who are 4 and 5 years old. As a parent, when I registered my daughter (at Cortellazzi's school), I saw a paper there from the minister of education. I felt secure. Today, who can I have confidence in?"
About 40 parents had enrolled their children in the Laval school on de la Concorde Blvd., and about 80 had signed up at the Montreal North school on Beaubien St., paying between $ 300 and $ 2,000 each in fees.
The schools were not affiliated with any of the other Montessori school in the area.
Copyright 1998 CanWest Interactive, a division of CanWest Global Communications Corp. All Rights Reserved The Gazette (Montreal, Quebec) December 31, 1998, Thursday, FINAL EDITION SECTION: NEWS; Pg. A1 / FRONT LENGTH: 631 words HEADLINE: Montessori school owner facing charges of fraud BYLINE: MICHAEL MAINVILLE; THE GAZETTE BODY: A former Montessori school owner is facing criminal charges after Laval parents paid thousands of dollars to enroll their children in a school that never opened.
Andrea Cortellazzi, 43, was charged at the Laval courthouse last week with fraud over $ 5,000 and could face a maximum 10-year prison term if found guilty. He will appear in court Feb. 26 to enter a plea.
Crown prosecutor Pierre Teasdale said it was complaints from parents and a subsequent police investigation that led to the charges against Cortellazzi.
"It is definitely a special case," Teasdale said. "When I reviewed the file, I certainly thought there was enough to go forward with this."
The Laval parents first filed complaints against Cortellazzi in September, after they showed up to drop their children off at his school on de la Concorde Blvd. and found the doors locked and a "For Rent" sign in the window.
More than 80 parents in Montreal have also filed complaints with Montreal Urban Community police after Cortellazzi's school on Beaubien St. in the city's north end also closed this September. It had been operating since 1996.
The parents had paid between $ 300 and $ 2,000 each to register their children in the schools.
Mauro Stoico, who had paid $ 560 to enroll his 3-year-old son, Michael Anthony, in the Laval school, said parents will be pleased to know someone could be held responsible for their financial losses and the damage to their children's education.
"There's not much we can do to get our money back, but something had to be done about this," Stoico said. "Some parents lost $ 6,000 to $ 8,000 because of what happened."
Stoico and many other parents are also furious with the Quebec government for giving Cortellazzi a permit to run the schools in the first place.
"I still can't believe they gave this guy the green light. There was definitely some negligence on the part of the government," he said.
As for the parents in Montreal, they are still waiting for police to conclude their investigation of Cortellazzi.
MUC police fraud-squad officers reached yesterday said the investigation is progressing, but they are not prepared to lay charges.
"The police say the investigation is coming to an end and they're very close," said Cosimo Panetta, who lost $ 760 after enrolling his 2-year-old daughter in the Montreal school. "We just want to be sure that nobody has to go through what we did."
Some of the parents are also hoping a criminal conviction could bolster their efforts to reclaim their money.
They have formed a committee to organize a lawsuit against Cortellazzi and have been meeting every Monday to plan strategy.
"Hopefully he has the money hidden away somewhere we can get at it in the courts. We've got to do it before he spends all our money," Panetta said.
The parents' committee has hired a lawyer with the $ 10,000 it was given by the Quebec Education Department, which Cortellazzi had handed over as a deposit for his permit to run the school.
Still, parents from the Montessori schools will have to get in line if they want to take Cortellazzi to court.
It seems Cortellazzi spent most of the past 15 years involved in small-claims court cases against him. Since the beginning of the 1980s, he has been the subject of more than 35 lawsuits in Montreal alone.
Many of these lawsuits involved accusations of failure on Cortellazzi's part to live up to contracts or to make payments on money owing.
In a recent ruling, he was ordered to pay more than $ 45,000 to a leasing company for unpaid bills. Court orders forcing him to pay were even delivered to the Montessori school on Beaubien last May.
Cortellazzi, who is listed in court documents as living in St. Leonard, could not be reached for comment.
Copyright 1999 CanWest Interactive, a division of CanWest Global Communications Corp. All Rights Reserved The Gazette (Montreal, Quebec) March 01, 1999, FINAL SECTION: News; A5 LENGTH: 162 words HEADLINE: Ex-teacher opts for jury trial BODY: Former Montessori school teacher Andrea Cortellazzi has chosen to be tried by a judge and jury.
Cortellazzi, 43, appeard in court in Laval on Friday and entered no plea, so a not-guilty plea was recorded. His trial is set to begin on May 7
He faces one charge of fraud of more than $5,000 after Laval parents paid thousands of dollars to enroll their children in a school that never opened.
More than 120 parents in Laval and Montreal filed complaints with police after they paid between $300 and $2,000 each for their children to attend Montessori schools on Beaubien St. in Montreal and on Concorde Blvd. in Laval.
When the parents turned up to drop off their children at the schools last September the doors were locked and a 'For Rent' sign was hanging in the window of the Laval school.
No charges have been laid in relation to the Beaubien St. school but Montreal Urban Community police said their investigation is continuing.
IN THE MATTER OF THE CONSTRUCTION LIEN ACT, S.O. 1983 C. 6 BETWEEN: CAN-TECH CONSTRUCTION CO. LTD. Plaintiff - and RELOCATABLE HOMES LIMITED, AXIOM DESIGN INC, MICHAEL J. TREMBLAY CONSTRUCTION INC, LEN SAPLYS, ANDREA CORTELLAZZI and ARCOS ASSOCIATES INC Defendants
Can-Tech Construction Co. v. Relocatable Homes Ltd.
KEYWORDS: [*1] BUILDING LIENS -- Lienable interest -- General -- Owner -- A. had equitable interest in property with actual owner being R. -- A. requested C. to make improvement to premises -- Under s. 18 of Construction Lien Act (Ont.), R. knew that improvements were to be made to land and R. allowed A. to enter and start work -- R. discharged duty to give actual notice to C. before work started -- R. assumed no responsibility for improvements to be made -- C.'s claim against R. was dismissed (8 pp.).
SUMMARY: A.C.W.S.
COUNSEL: Ronald S. Peterson Counsel for the Plaintiff Alan Riddell Counsel for the Defendant, Relocatable Homes Limited
JUDGES: Chilcott J.
CHILCOTT J. REASONS FOR JUDGMENT
[**1] At the outset of the trial, because of a letter sent on April 27th, 1995 to the Court by the defendant Saplys and filed as Exhibit "Act, the plaintiff's action against all of the defendants, except Relocatable Homes Limited (Relocatable) is discontinued without costs.
[**2] There is a cross claim by Relocatable Homes against Axiom Designs Inc., Len Saplys and Andrea Cortellazzi. The cross claim by Relocatable Homes against Len Saplys is discontinued without costs.
[**3] Keith Fraser who is the President of Can-Tech Construction [*2] Co. Ltd. (Can-Tech) stated that the company was not dissolved and was still operating. He indicated that his company did work for Axiom Design Inc. (Axiom) . The last work was done May 23rd or 24th, 1991. The unpaid balance for the work is approximately $ 11,500.00. The work was done on a one acre site owned by Relocatable. There was an Agreement of Purchase and Sale between Relocatable and Axiom for the subject property being Block 6 - 7, Plan 4M374. The transaction was never completed although a deposit of some $ 51,000.00 had been paid by Axiom to Relocatable.
[**4] Mr. Sweetnam is Secretary Treasurer and minor owner of Relocatable.
[**5] Mr. Fraser said he saw Mr. Sweetnam three or four times during construction and that Sweetnam never told him to leave the site. Can-Tech had no contact with Relocatable. and Relocatable never asked Can-Tech to work on the site. Relocatable never inspected the work nor did Relocatable ever give orders to Can-Tech as to the material or the work. Mr. Fraser said he never heard of anyone telling his colleagues that it was Axiom not Relocatable for whom the work was being done. Can-Tech had no dealings with Relocatable directly or indirectly [*3] re material or work for the project. Mr. Fraser said he never thought that he was working for Relocatable that is it was only Axiom. Mr. Fraser never thought Relocatable would be paying Can-Tech. Can-Tech thought Axiom owned the land and not Relocatable. He went on to say he never thought that Tremblay, Cortellazzi or Saplys were agents of Relocatable but they were only agents of Axiom. Mr. Fraser stated that only Axiom gave instructions, however, he did say that Can-Tech put some topsoil on Cortellazzi's property. Mr. Fraser ended his evidence by 26 saying the bills were sent to Mr. Tremblay at Axiom for payment.
[**6] Mr. Sweetnam was called by the defendant Relocatable and he said he spoke to Mr. Courcelle and Mr. Olivera of Can-Tech before the work started and cautioned them to look out for (01190) Cortellazzi and also he cautioned them not to look to Relocatable for payment. Cortellazzi and Saplys he said were agents for Axiom.
[**7] Sweetnam said there was some delay by Cortellazzi and Saplys but finally he saw the plans of Axiom and he anticipated that the deal would close and he allowed Axiom to enter. Can-Tech was the first contractor on the site and he suggested [*4] that was around April 2nd, 1991. Mr. Sweetnam said the footings for the foundation were poured in the middle of a one acre site. Sweetnam said neither Tremblay, Saplys or Cortellazzi or Axiom were acting on behalf of Relocatable.
[**8] Approximately $ 158,000.00 worth of work was done by June 10th, 1991.
[**9] In cross examination Mr. Sweetnam said that as of May 24th, 1991 he thought there was still a chance to close the deal with Axiom. He said there was no correspondence from Relocatable to Tremblay, Cortellazzi or Axiom stating that Relocatable was not responsible for the work.
[**10] The plaintiff relies on Section 1 (15) and Section 18 of the Construction Lien Act .
[**11] The plaintiff argues that Axiom had an interest in the (01193 land and that Axiom was an equitable owner and Relocatable was the registered owner. They were therefore joint owners or had a joint interest in the lands and that Relocatable allowed the plaintiff to enter the land and do work.
[**12] I accept the evidence of both Fraser and Sweetnam.
[**13] The plaintiff argues that under Section 18 Relocatable did know of the improvements to be made to the land and if it did not it ought to [*5] have in the circumstances.
[**14] The plaintiff argues that the land is subject to the lien is unless the contractor receives actual notice before the supply of services or materials to the improvement that the person having a joint or common interest assumes no responsibility for the improvement to be made.
[**15] In my opinion Axiom had an equitable interest in the property with the actual owner being Relocatable. Axiom requested Can-Tech to make an improvement to the premises. Axiom asked Relocatable if they could enter on the lands and Relocatable having seen the plans of the building and anxious to have Axiom complete the deal gave Axiom permission to enter upon the land. Relocatable could only assume that once that permission was given that Axiom would have its contractors start improvements to the site.
[**16] I find that the lien was registered and the matter set down for tial in accordance with the provisions of the Construction Lien Act .
[**17] In my view both Relocatable and Axiom had an interest in the premises.
[**18] I find that under Section 18 of the Construction Lien Act that Relocatable knew that improvements were to be made to the land and Relocatable [*6] allowed Axiom to enter and start work.
[**19] is The section imposes upon Relocatable in these circumstances the duty to give actual notice to the contractor before the work starts that Relocatable assumes no responsibility for the improvements to be made.
[**20] In my view the duty imposed upon Relocatable was discharged. I have read the transcript of the evidence again and Mr. Sweetnam said that he spoke to both Carlos Olivera who was a Vice President of Can-Tech and Mr. Courcelle. Mr. Sweetnam said he warned Courcelle and Olivera to be careful in dealing with Andrea Cortellazzi.
[**21] In answer to the question "Did you say anything about who they could look to for payment?". He answered "Well I did specify that don't look to me, your not dealing with me on this - your looking to - I wanted to set the record straight that this one wasn't for me".
[**22] Mr. Sweetnam said the conversation took place before the work started.
[**23] Neither Courcelle or Olivera were called to rebut that evidence and in the absence of an explanation as to why they were not called, I can only infer that Mr. Sweetnam's version is correct.
[**24] Therefore Relocatable Homes has discharged [*7] the duty upon it under Section 18 of the Construction Lien Act .
[**25] The plaintiff Is claim against Relocatable Homes Limited is therefore dismissed.
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