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Substantial indemnity costs of $6,000 awarded against plaintiffs for improperly attempting to withdraw a jury notice.
The defendant sought costs on a substantial indemnity basis after successfully moving to strike the plaintiffs' 'Notice of Withdrawal of Jury Notice' and after the plaintiffs abandoned their cross-motion to strike the jury notice.
The court found the plaintiffs' conduct in creating a non-existent form and ignoring the Rules of Civil Procedure warranted the court's disapproval.
The court awarded the defendant substantial indemnity costs fixed at $6,000.
Supplier established statutory trust beneficiary status under Construction Lien Act.
The plaintiff supplier brought an ex parte motion seeking a declaration that amounts owed for construction materials constituted a trust under s. 8 of the Construction Lien Act.
The materials were supplied to the defendants for a renovation project, and a default judgment had previously been obtained for the unpaid balance.
The court applied the four-part test articulated in Sunview Doors Ltd. v. Pappas for establishing beneficiary status under the statutory trust provisions.
Finding that the defendants were contractors, that the plaintiff supplied materials, that the defendants received or were owed contract funds, and that they owed the plaintiff for the materials, the court held that the statutory trust was established.
The plaintiff was therefore declared a beneficiary of the trust and granted priority to any remaining funds payable under the construction contract.
