The plaintiff, The Floor Show Ltd. (TFS), brought motions for partial summary judgment in two actions against the defendant Man-Shield (NWO) Construction Inc. (MS) concerning unpaid construction contracts for two condominium projects (Allure and Aurora).
MS asserted counterclaims for delay, back-charges for floor protection and cleanup, and owner damage claims, and relied on a "pay when paid" clause.
The court granted partial summary judgment to TFS for significant amounts, finding most of MS's counterclaims lacked merit or particulars, and that the "pay when paid" clause was inapplicable due to MS's termination from the project.
Some discrete issues regarding quantum of upgrades and extras were directed to trial.
