4 total
Contractor awarded $91,817.55 for unpaid work after court deducts proven backcharges following mutual contract breaches.
The plaintiff contractor registered a construction lien and claimed payment for services and materials supplied to build a commercial addition for the defendant owner.
The project was delayed primarily due to issues relocating a hydro transformer, leading the owner to terminate the contract and claim set-off for completion costs and deficiencies.
The court found mutual breaches of contract but determined the owner owed the contractor $146,735.50 for unpaid certified work, subject to allowable backcharges of $54,917.95.
The court awarded the contractor the net balance of $91,817.55 plus prejudgment interest, while dismissing several of the owner's backcharge claims for lack of proof or failure to plead them.
Motion dismissed decision
The plaintiff tenant sought a declaration that a restrictive clause in its commercial lease prevented the landlord from leasing space in the plaza to a Tim Hortons franchise.
The court was tasked with interpreting the restrictive clause, specifically whether it should be construed statically (comparing to the tenant's business in 1991 when the clause was introduced) or dynamically (comparing to the current tenant's business).
The court adopted a static interpretation, finding that the proposed Tim Hortons business was not of a similar nature to the original "Corner Restaurant" in terms of menu and eat-in seating facilities.
Even under a dynamic interpretation, Tim Hortons was found not to be similar to the current "Wimpy's" restaurant.
The motion for the declaration was dismissed, and the defendant was awarded costs.
Court approves Manager's fees and allocation methodology in complex receivership, rejecting strict property-by-property docketing requirements.
The court-appointed Manager moved for approval of its fees, its counsel's fees, and a proposed Fee Allocation Methodology to distribute the costs among various properties in a complex real estate receivership.
Several mortgagees and lien claimants opposed the fee approval and the allocation methodology, arguing that time was not docketed on a property-by-property basis and that the methodology was unfair.
The court approved the fees and the methodology, finding that strict property-by-property accounting would be cost-prohibitive and that the proposed allocation was fair and equitable.
The court also rejected arguments that the Manager's charge should be subordinated to prior liens or subject to the doctrine of marshalling.
Appeal dismissed as trial judge correctly found appellant failed to establish causation.
The appellant appealed the judgment of the trial judge, arguing that the trial judge erred in finding a failure to establish causation.
The Court of Appeal dismissed the appeal, finding no basis to interfere with the trial judge's findings of fact and agreeing that the appellant failed to establish the necessary element of causation.
