3 total
Summary judgment granted for unpaid invoices; trust claim adjourned for further evidence.
The plaintiff supplier brought a motion for summary judgment for unpaid invoices and breach of trust under the Construction Lien Act arising from the supply of electrical equipment to several related contractor companies.
The court found the defendants had received goods without payment and provided no evidence disputing the invoiced amount.
Because the corporate defendants operated as iterations of the same family-run business and attempted to attribute liability to a dormant company, the court treated them as alter egos and held them jointly and severally liable.
However, the court declined to grant summary judgment on the alleged breach of statutory trust, finding further production and cross-examination necessary to determine whether trust funds had been received and improperly disbursed.
Judgment for the invoiced amount was granted, with the trust claim adjourned for further evidence.
Request to dismiss or defer human rights application denied as parallel civil action involved unrelated negligence claim.
The respondents requested that the human rights application be dismissed or deferred under section 34(11) of the Human Rights Code, arguing that the applicant had commenced a parallel civil proceeding.
The Tribunal found that the civil proceeding was a negligence claim for a slip and fall, with no overlapping human rights facts or remedies sought.
The Tribunal also denied the respondents' request for early production of the applicant's medical records, finding it premature as the Notice of Hearing had not yet been issued.
The respondents' Request for Order During Proceedings was denied.
Motion to amend remedies and add interrelated corporate entity as respondent granted.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability.
She brought a Request for Order During Proceedings to amend the remedies sought in her application and to add the Centre for Rational Learning Inc. as a respondent, arguing it was interrelated with her employer, Haydon Youth Services Inc. The Tribunal granted the request to amend the remedies, noting the passage of time since the application was filed.
The Tribunal also granted the request to add the Centre as a respondent, finding no prejudice to the respondents and noting the interrelated nature of the two corporations.
