D. Morris

Following a trial where the plaintiff contractor failed to prove entitlement to a construction lien and the defendant owners obtained a nominal judgment of $738.20 on their set-off defence, both parties sought costs.

The court noted divided success, as the plaintiff successfully established the owners breached the contract, but the owners successfully defeated the lien claim.

Given the divided success and the expiration of the owners' settlement offers prior to trial, the court ordered that each party bear their own costs.

The plaintiff contractor registered a construction lien for unpaid services and materials relating to a home renovation.

The defendant owners counterclaimed for overpayment, structural damage, and costs to correct deficiencies.

The court found that the owners breached the contract by engaging another contractor to perform work within the plaintiff's scope, justifying the plaintiff's termination of the contract.

However, after assessing the value of the work actually completed and allowing set-offs for deficiencies and overcharges, the court determined the plaintiff had been overpaid.

The lien claim was dismissed, and the owners were awarded nominal damages of $738.20.

The defendant was charged with assault on a police officer causing bodily harm and threatening after an altercation at a bar in Richmond Hill.

Police officers and liquor inspectors attended the premises to conduct compliance inspections.

The defendant was approached on the dance floor and led to a quieter area where he was asked for identification.

The defendant became agitated and allegedly head-butted the officer, causing injury to the officer's mouth and teeth.

The defendant was arrested and subsequently made threatening statements.

The court found the defendant not guilty of both charges, determining that the Crown failed to prove beyond a reasonable doubt that the defendant knew he was dealing with a police officer, and that the defendant's actions constituted lawful self-defence against an unlawful assault by the officer.