3 total
The court upheld a construction lien for unpaid air conditioning installation, deducting a set-off for incomplete work and a lost warranty.
Novelcare Heating & Cooling brought a claim for lien against Erica Herbert and others for the installation of air conditioning units.
Herbert denied the claim and counterclaimed for damages.
The court found Novelcare breached the contract by failing to complete the work (connecting drains and commissioning units) but did not fundamentally repudiate it.
Herbert failed to prove alleged deficiencies in the installed units.
The court awarded Novelcare the unpaid balance of the contract price, reduced by damages for the incomplete work and a discounted value for the lost warranty, resulting in a lien and damages of $16,085.53 for Novelcare.
The court granted summary judgment dismissing a negligence claim against an insurer, finding the plaintiff knew his policy was cancelled for non-payment.
The plaintiff's insurance policy for a rental property was cancelled in 2007 due to non-payment.
A fire occurred in 2015, and the insurer denied the claim.
The plaintiff sued for negligence, alleging failure to notify him of the policy cancellation or non-renewal.
The defendant insurer brought a motion for summary judgment.
The court found the plaintiff's credibility questionable and the insurer's evidence reliable, concluding that the plaintiff was aware of the policy termination.
The motion for summary judgment was granted, and the plaintiff's action was dismissed.
The court struck a beneficiary's notice of objection as an abuse of process.
The Bank of Nova Scotia Trust Company, as Estate Trustee for Lidia Iaboni, brought an application to pass accounts.
Carlo Iaboni filed a Notice of Objection, alleging exclusion of assets, wealth evaporation, and conflict of interest.
His siblings, Norma Moretto and Ferdinando Iaboni, moved to strike the Notice of Objection, arguing the grounds were without merit, time-barred, and an abuse of process, given prior litigation.
The court found Carlo Iaboni's objections lacked substance, were largely time-barred, and constituted an abuse of process, particularly as he failed to comply with prior settlement minutes and allowed a previous civil action raising similar issues to be dismissed for delay.
The court dismissed Carlo Iaboni's objections and struck his Notice of Objection.
