A. Edward Tonello

The court considered costs following a trial in which the plaintiff, Domenic Gesualdi, succeeded in proving breach of contract and negligence against the defendants regarding the rebuilding of two vintage Ferrari engines.

The court fixed costs payable by the defendants to the plaintiff at $300,000 and to the third parties at $279,950.91, rejecting the defendants’ arguments for costs in their favour and their attempt to shift third party costs to the plaintiff.

The decision reviews the principles for fixing costs, including proportionality, reasonableness, and the impact of settlement offers.

The court found that the defendants breached their contract and were negligent in the restoration of the plaintiff's vintage Ferrari engines, resulting in significant damages.

The court dismissed the third party claim and awarded damages to the plaintiff for the cost of repairs, but denied claims for loss of capital value and other consequential damages.

Four actions arising from a commercial construction project were tried together.

The owner, acting as its own general contractor, alleged that the site supervisor, excavator, and other contractors colluded to defraud it by overbilling for excavation, trucking, and materials, and claimed the site supervisor breached a fiduciary duty.

The excavator and site supervisor registered construction liens for unpaid invoices and compensation.

The court dismissed the owner's fraud and breach of fiduciary duty claims, finding no evidence of false representations or vulnerability.

The court upheld the construction liens, awarding the excavator $399,990.12 for unpaid work and lost profit, and awarding the site supervisor $150,000 for his services, while ordering the return of a Ferrari given as partial payment.