Dylan Thomas Dilks

The plaintiff, The Guarantee Company of North America, sought an extension of time to serve a statement of claim or to validate service in a construction indemnity action.

The court reviewed the lengthy delay in service, the explanations provided, and the resulting prejudice to the defendants.

The motion was dismissed, with the court finding the plaintiff failed to provide a reasonable explanation for the delay and that the defendants would be prejudiced in their ability to defend the action due to lost records and faded memories.

Lugano View Limited (owner) brought a motion to lift a consent stay order and dismiss a lien action by Bank-Strox Renovation Inc. (general contractor) for delay, under section 47 of the old Construction Act.

The parties had agreed to arbitrate the dispute after the lien action commenced, leading to a stay of the action, but the arbitration did not proceed for several years.

The court dismissed Lugano's motion, finding that in an arbitration agreed upon after a civil action, both parties bear responsibility for advancing the arbitration, especially the defendant who has not pleaded.

Lugano failed to explain its own inaction, including not seeking court intervention to appoint an arbitrator under section 10 of the Arbitration Act.

The court found no evidence of actual prejudice to Lugano or that a fair hearing could not take place, despite the delay.

The court also criticized Bank-Strox's conduct but maintained its decision.

The defendant landlord sought summary judgment to dismiss the plaintiff tenant's claim and for judgment on its counterclaim for withheld rent, stemming from a dispute over the calculation of realty taxes under a commercial lease.

The tenant sought a declaration regarding the proper calculation method and an accounting for overcharges.

The court dismissed the landlord's motion for summary judgment and its counterclaim for the specific amount.

However, it granted the tenant's request for a declaration that the landlord must calculate realty taxes according to the lease's terms, applying a six-year limitation period for any past overcharges based on the Real Property Limitations Act.

The plaintiff brought a motion to lift a stay of execution on a prior summary judgment order, which had been imposed to allow cross-claims between the defendants.

The stay was lifted because one defendant, Andrew Maracle, entered bankruptcy proceedings, making a cross-claim by the other defendant, Andrew Clifford Miracle, impossible.

The court awarded prejudgment interest at 28.82% on the principal amount of $69,417.37, totaling $31,625.37.

Post-judgment interest was also ordered.

Costs were awarded to the plaintiff on a partial indemnity basis for $8,669.93, considering the defendants' failure to accept settlement offers and lack of their own offers.

The court clarified that Andrew Clifford Miracle remained liable as a partner despite Andrew Maracle's bankruptcy.