Ian Perry

The plaintiff contractor brought an action to enforce a construction lien of $14,091.10 for the renovation of a roastery café.

The defendant owner counterclaimed for $386,047.87, alleging overcharging, delay, deficiencies, and flood damage.

The court found the contract was a cost-plus contract, not a fixed-price contract.

The contractor failed to meet its heavy evidentiary burden to prove its actual costs, resulting in an overpayment finding of $182,825.55 in favour of the owner.

The court dismissed the owner's claims for delay and deficiencies but found the contractor partially liable for flood damage in the amount of $1,300.

The contractor's lien was discharged, its action dismissed, and the owner was awarded $184,125.55 on its counterclaim.

The applicant tenant brought an application for a declaration that the respondent landlord unlawfully terminated its commercial lease for a parking lot.

The landlord had posted a Notice of Termination alleging the tenant abandoned the premises.

The court found that the landlord's notice did not comply with s. 19(2) of the Commercial Tenancies Act because it failed to provide the tenant with a reasonable opportunity to remedy the alleged breach or make compensation.

Consequently, the court declared the termination of the lease invalid.

The applicant brought an application to delete a temporary restraining order and caution on a property.

The court previously allowed the property to be sold, with $200,000 held in trust pending further submissions.

The court found that the respondent owed more on the mortgages than the property was worth, and the sale proceeds were insufficient to satisfy the amounts owing to the applicant.

The court ordered the $200,000 released to the applicant.