Bradley Halfin

The plaintiff general contractor sued the Toronto Transit Commission (TTC) and other owners for approximately $193 million in damages arising from the delayed construction of the Steeles West Subway Station.

The project was delayed by 1,047 days due to incomplete designs, utility issues, and numerous changes directed by the TTC.

The court found the TTC responsible for the delay and awarded the plaintiff damages for extended contract performance, acceleration costs, underfunded change directives, and unpaid notices of intent to claim.

The court dismissed the plaintiff's attempt to flow through subcontractor claims where liquidating agreements had extinguished the plaintiff's liability.

The TTC's counterclaim for liquidated damages was dismissed as a penalty.

The plaintiff was granted a construction lien for $57,697,627.06.

The City of Oshawa sought a declaration that MEARIE had a duty to defend it in a slip-and-fall action arising from an uneven sidewalk where Oshawa PUC had previously performed work.

The City was an additional insured on Oshawa PUC's policy.

The court found that MEARIE had a duty to defend because there was a mere possibility that the claim fell within coverage, as the liability could arise from Oshawa PUC's operations.

However, the court held that the City must bear its share of defence costs for uncovered claims and denied the City's request to appoint its own counsel, finding that MEARIE's proposed safeguards adequately addressed any conflict of interest.