Andrew D. Ruzza

The plaintiff, San Remo Lighting, moved for summary judgment against the defendants, Am-Tech Electrical Inc. and others, alleging breach of trust obligations under the Construction Lien Act (CLA) for unpaid invoices.

Am-Tech admitted to not segregating trust monies as required by the CLA but later placed the claimed amount in its counsel's trust account.

The court, adopting reasoning from a Manitoba case, found that while a breach of trust had occurred, the subsequent reconstitution of the fund raised a genuine issue requiring a trial to fully evaluate the ramifications of the breach and the defendants' right to set-off.

The motion for summary judgment was dismissed, and the funds were ordered to be paid into court.

The defendant Charlotte Marino, having successfully obtained summary judgment dismissing the plaintiff's claim, sought costs on a substantial indemnity basis.

The plaintiff opposed, arguing for no costs.

The court, applying Rule 57.01, found Charlotte Marino entitled to costs but deemed the time docketed by her counsel excessive.

The court awarded Charlotte Marino $30,000 plus HST for fees and $13,531.78 for disbursements, to be paid by the plaintiff.

The court declined to award costs against a non-party.

The defendant brought a motion for summary judgment to dismiss the plaintiff's claim.

The plaintiff alleged that she and her late husband gave the proceeds from the sale of two properties to the defendants in trust, and that these funds were used to purchase a condominium to be held in trust for the plaintiff.

The defendant argued the funds were legitimate payouts for discharged mortgages.

The court found no genuine issue requiring a trial, concluding the documentary evidence supported the defendant's position that the funds were mortgage payouts, not trust funds.

The court rejected the plaintiff's assertion that the mortgages were shams designed to avoid creditors.

The motion for summary judgment was granted and the action dismissed.