The applicant, 2516216 Ontario Ltd. o/a NUMBRS, brought an application for judgment seeking $111,680.38 for outstanding bookkeeping services provided to the respondent, AbleDocs Inc. AbleDocs admitted some amount was owing but disputed the total, alleging overbilling, potential negligence regarding US tax remittances (for which it intended to counterclaim), and that some invoices were statute-barred.
AbleDocs brought a motion to convert the application into an action due to alleged material facts in dispute.
The court dismissed AbleDocs' motion, finding no genuine issue requiring a trial.
The court determined that the contractual claim was straightforward, the negligence claim was discrete and could be pursued separately, and the limitation period argument was defeated by a valid tolling agreement and acknowledgement of debt.
Judgment was granted in favour of the applicant for the full amount claimed.