This decision concerns a re-assessment of damages in a breach of contract action, remitted by the Court of Appeal due to insufficient evidence in the initial trial.
The plaintiff, Fermar Paving Limited, sought damages from the defendant, 567723 Ontario Limited, for increased costs of aggregate and out-of-pocket expenses after the defendant repudiated a supply agreement.
The court found the plaintiff's evidence regarding the increased cost of aggregate to be largely inadmissible and unproven, particularly concerning cost estimates and missing source documents.
However, the court awarded damages for certain out-of-pocket costs that were adequately substantiated.
