This case involved a construction contract dispute where the plaintiff, Continental Homes Inc., sued the defendants, 2646576 Ontario Inc. (owner) and 8682470 Canada Inc. o/a Chang Xin Construction (general contractor), for breach of contract and a claim for lien.
The defendants counterclaimed for breach of contract.
The court found that an enforceable subcontract existed between Continental and Chang.
The court determined that Chang fundamentally breached the subcontract by failing to pay the required deposit and wrongfully terminating the contract.
The defendants' alleged delays by Continental were found to be the fault of the defendants due to delays in obtaining locates and surveys.
The court dismissed the defendants' counterclaim and awarded Continental $23,279.50 in damages for breach of contract and confirmed its lien for the same amount, to be paid from the cash security.
Continental's claim for lost profit and business opportunities was denied due to lack of evidence.