Brent Murphy

This is a costs decision following a successful summary judgment motion by GFL Environmental Inc. against Peras Construction Inc. for unpaid invoices.

GFL sought costs based on a Rule 49 offer, which entitled them to substantial indemnity costs from the offer date.

The court awarded GFL costs of $35,834.15, finding that while GFL was entitled to substantial indemnity, the claimed hourly rates and total time spent were excessive and unreasonable, despite Peras's conduct in raising abandoned arguments.

The plaintiff brought a motion for summary judgment for $113,870.46, representing the unpaid balance for soil removal services provided to the defendant.

The dispute centered on the per tonne rate agreed upon for the removal of non-treatable soil.

The court found that the evidence clearly established an agreement to charge $70 per tonne for the soil removed, and that there was no genuine issue requiring a trial.

Summary judgment was granted to the plaintiff for the full amount claimed, plus 24% prejudgment interest.