Andrew J. Heal

The plaintiffs and defendants entered into Minutes of Settlement to resolve a dispute over the construction of a residence.

The plaintiffs subsequently brought a motion for summary judgment, alleging the defendants breached the settlement terms regarding electrical, plumbing, HVAC, and roofing work, and sought damages.

The defendants brought a cross-motion to enforce the settlement, arguing they had fully complied.

The court reviewed the evidence and found that the defendants had completed all required work to the plaintiffs' satisfaction and that the settlement funds had been properly released.

The court dismissed the plaintiffs' motion, granted the defendants' motion to enforce the settlement, and dismissed the underlying action and counterclaim.

Following a settlement of the principal amount in a long-standing construction contract dispute, the court conducted a "mini-trial" to determine the applicable pre-judgment interest rates on the settled funds and the award of costs.

The court found that $116,000 of the settlement, attributable to architect fees, was payable under the Construction Contract, thus attracting the contractually stipulated interest rate of prime plus 2%.

The remaining $30,300 for miscellaneous expenses was subject to the standard Courts of Justice Act interest rate due to insufficient evidence linking it to the contract.

The court awarded the plaintiff substantial costs, noting that while both parties contributed to the litigation's longevity, the plaintiff was entirely successful on the issues before the court and the defendant's evidentiary case was weak.