D. Rollo

The plaintiff architect brought a construction lien action for unpaid fees against the defendant developer of a high-rise condominium.

The developer counterclaimed for delay and impact damages, alleging the architect failed to coordinate consultant drawings and made design errors.

The court found the architect's coordination duty was limited to cooperating with other consultants, not managing them.

The architect met the professional standard of care and validly suspended services for non-payment.

The court awarded the architect $55,906.54 for agreed base services but dismissed claims for unapproved extras.

The developer's counterclaim was dismissed entirely.

The moving party, Onespace Unlimited Inc., brought a motion to strike portions of a reply affidavit sworn by the responding party's principal witness in advance of a summary trial.

The moving party argued the impugned statements contained improper argument, opinion evidence from a lay witness, and legal conclusions.

The court granted the motion in part, striking statements that constituted improper argument or unqualified expert opinion, while retaining statements that were factual observations or inextricably tied to the witness's overall impressions.

The defendant, Great Lakes Nickel Limited, brought a motion in writing for an order directing that money paid into court be returned.

The plaintiffs opposed the motion.

The court determined that the issues would benefit from oral submissions and adjourned the matter for an oral hearing pursuant to Rule 37.12.1(4)(c) of the Rules of Civil Procedure.

The Plaintiffs, judgment creditors of 798839 Ontario Limited ("39"), brought a motion for partial summary judgment seeking a declaration that 39 held a valid and subsisting interest in mining claims under a 1988 option agreement with Great Lakes Nickel Limited ("GLN").

The Plaintiffs argued that 39 had acquired an 80% interest or, alternatively, a 60% interest, despite only expending approximately $1.6 million of the required $2 million.

The court, interpreting the plain wording of the option agreement, found that 39 was required to invest the full $2 million to acquire an 80% interest, failing which the option terminated and 39 acquired no interest.

The court dismissed the Plaintiffs' motion, granting summary judgment in favour of GLN on this issue, while declining to address other issues like limitations due to the partial nature of the summary judgment.