Flavio J. Battiston

The creditors brought a motion for an adjournment pending the Ontario Labour Relations Board's determination of a related employer application.

The court found that the Board's determination was essential to deciding who is ultimately entitled to the funds paid into court by the garnishee.

Given the upcoming mediation and lack of prejudice to the non-parties, the court granted the adjournment without costs.

The plaintiff brought a motion for an interlocutory injunction to access the defendants' adjacent property to complete brickwork on a new residential home before winter.

The parties were involved in a broader dispute over property lines and construction damage.

Applying the RJR-MacDonald test, the court found a serious issue to be tried, irreparable harm if the structure was left exposed to winter weather, and that the balance of convenience favoured the plaintiff.

The motion was granted, permitting temporary access subject to proof of insurance.

The plaintiff, Jennifer Faber, sued First View Properties Inc. for breach of contract regarding defective brickwork on a new home.

The parties had previously reached a settlement under the Tarion New Home Warranty Program, which failed to materialize after the plaintiff served a Statement of Claim that had been issued but not disclosed during settlement negotiations.

The court found the plaintiff acted dishonestly by not disclosing the lawsuit.

While some minor deficiencies in the brickwork were acknowledged by the defendant's expert, the court rejected the plaintiff's claim for full rebricking and general damages, finding no evidence of significant inconvenience or diminution in property value.

The court awarded the plaintiff $4,000 for minor repairs, significantly less than the $100,000 sought.

In a construction lien trial arising from a window and door supply-and-install contract for a mixed-use property renovation, the owners alleged the contractor failed to perform masonry work, supplied non-conforming products, and performed deficient installation work, then counterclaimed after removing the installed windows and terminating the contract.

The court found the contractor had no contractual obligation to perform masonry work, had substantially supplied the contracted products save for a transom it was prepared to replace, and that the alleged deficiencies were largely unfinished items that could have been remedied had access not been denied.

The owners' termination was held to be an unjustified repudiation of the contract.

Judgment was granted for the unpaid balance of $11,770 together with prejudgment interest at 10% per annum, a lien in that amount, and dismissal of the counterclaim.

A contractor sought recovery of the unpaid balance of a contract for the design and installation of custom kitchen cabinetry and enforcement of a construction lien.

The homeowners counterclaimed for damages alleging design deficiencies, improper installation, and associated replacement costs relating to cabinetry, granite countertops, and other kitchen components.

The court found the contractor performed the contractual work and that the alleged deficiencies were either unproven, attributable to third parties, or resulted from the homeowners’ failure to mitigate.

The court further determined that the contractor’s lien was preserved and perfected within the statutory time limits under the Construction Lien Act.

Judgment was granted for the contractor for the unpaid contract balance and the counterclaim was dismissed.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the Phoenix Theatre for permitting drunken patrons on the premises.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board accepted the joint submission and ordered a 17-day suspension of the liquor licence.

At a pre-hearing conference regarding a Notice of Proposal to suspend the liquor licence of the Phoenix Theatre, the Board of the Alcohol and Gaming Commission of Ontario issued an order setting deadlines for mutual disclosure.

The corporate licensee and the Registrar were ordered to provide witness lists, statements, and other required disclosure ten days before the scheduled hearing date.