The plaintiff, AGC Flat Glass North America Ltd., moved for summary judgment on its construction lien claim against the defendants, Man-Shield (NWO) Construction Inc. et al., concerning a condominium development.
The court granted partial summary judgment to AGC for specific amounts related to the windows and doors subcontract ($84,201.80), a glass shower enclosure extra ($53,839.42), and mirrors and hollow glazing extras ($19,484.07).
However, the court found genuine issues for trial regarding alleged "walking glass" deficiencies in guardrails and the quantum of a caulking extra, necessitating mini-trials for these two issues.
The court rejected the respondent's general arguments for delaying payment based on counterclaims and "flow through" claims from the owner, emphasizing the need for parties to present their best evidence on summary judgment motions.