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The successful plaintiff was awarded substantial indemnity costs despite a technically non-compliant settlement offer.
The plaintiff, Ian McLarty, was successful in his action for payment and dismissed the defendant's counterclaim.
This endorsement addresses the costs of the proceeding.
The court found that the plaintiff's offer to settle, though not strictly compliant with Rule 49.10, triggered substantial indemnity costs from June 18, 2018, onwards, and partial indemnity costs prior to that date, under the residual discretion of Rule 49.13.
The court assessed the reasonableness of the claimed costs, considering factors such as the exaggerated initial lien claim, the complexity of the case (simple breach of contract), the necessity of junior counsel, and the defendant's conduct (false affidavit, failure to answer undertakings).
The court ultimately awarded the plaintiff $45,000 in fees, $5,850 in HST, and $7,351.48 in disbursements, totaling $58,201.48.
A general contractor was awarded the balance of a construction contract after the court found the owner wrongfully terminated the agreement.
The plaintiff, a general contractor, sought payment for construction work performed for the defendant, Great Lakes Food Company, based on unjust enrichment and quantum meruit.
The defendant counterclaimed for damages due to delay and deficiencies.
The court found that delays were primarily due to the defendant's poor planning and CFIA licensing issues, not the plaintiff.
The court allowed the plaintiff's claim for extras at a reasonable "shop rate" but disallowed overtime and reduced the trailer damage claim.
The defendant's claims for deficiencies in Room D were dismissed, but a credit was allowed for drain covers in Room H. The defendant's counterclaim for damages under the Construction Lien Act for an exaggerated lien was dismissed due to lack of proven damages.
The court found the defendant wrongfully terminated the contract.
Judgment was awarded to the plaintiff for $87,244 plus interest.
