Gerry Schaffer

The plaintiff contractor sued the defendant property owners for unpaid invoices and extra work related to the installation of a septic system and backfilling of a dog kennel.

The defendants counterclaimed for deficiencies and incomplete work.

The court found that the plaintiff completed the backfill contract and was entitled to payment for it and for snow removal, but dismissed claims for other extras.

The court also allowed the defendants' counterclaim in part, awarding them $5,000 to complete the septic system.

After set-off, the defendants were ordered to pay the plaintiff $5,578.50.

The plaintiffs brought a motion to remove the defendant's lawyer of record, alleging a conflict of interest based on the lawyer's prior involvement in related litigation.

The court found that the lawyer had never met or received confidential information from the moving plaintiff, and that the motion was brought for tactical reasons.

Applying the bright line rule from McKercher, the court concluded there was no conflict of interest and dismissed the motion.

The applicant brought a motion to vary a temporary without prejudice spousal support order, seeking an increase to $850 per month.

The respondent argued that the applicant had not established a material change in circumstances and that income should be imputed to her due to insufficient efforts to find employment.

The court held that the test for varying a temporary without prejudice order is a hearing de novo, not a substantial change in circumstances.

The court declined to impute income to the applicant, finding she had made reasonable efforts to retrain and seek employment given her circumstances.

The motion was granted, and temporary spousal support was increased to $850 per month.