The appellant electrical contractor appealed trial judgments finding it breached sub-contracts for integrated security systems at two correctional facilities by refusing to perform disputed wiring and termination work.
The Court of Appeal upheld the trial judge's findings on the scope of work and mitigation of damages, dismissing the corporate appellant's appeals.
However, the Court allowed the individual appellant's appeal, setting aside his personal liability for breach of trust under s. 13(1) of the Construction Lien Act, finding insufficient evidence that he assented to or acquiesced in conduct amounting to a breach of trust.