What the panel ordered
February 13, 2020 Findings and Orders rescinded; new Findings and Orders substituted; lien of Angoal Medical Collections not barred by laches; lien of Alan Rosenthal dismissed
Petition for reconsideration granted to study factual and legal issues; prior Findings and Orders from 2020 rescinded and replaced
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The lien claimant's delay in filing and serving the purchase agreements was untimely but not unreasonable or prejudicial to the defendant; no evidence of prejudice was shown; thus, laches does not bar the lien.
From the decision · page 4suffered due to the delay. In light of lack of affirmative evidence of prejudice, we do not believe that the elements necessary to a finding of laches have been established. Accordingly, we will rescind the February 13, 2020 F&O and substitute a new F&O.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Lien claimant filed purchase agreements for lien assignments in 2019, many years after the original lien filings in 2004