The plaintiff brought a motion for default judgment against the defendants for unpaid plumbing materials.
The court granted judgment for breach of contract and on a personal guarantee in the amount of $96,569.22, as the facts in the statement of claim were deemed admitted.
However, the court dismissed the plaintiff's claims for breach of trust under the Construction Lien Act, finding that the statement of claim lacked sufficient material facts to establish that the materials were supplied to a known improvement or that the defendants had misappropriated trust funds.
