The plaintiff, Walsh Construction/Bondfield Partnership, brought a motion to refer its proceeding against Chartis Insurance Company of Canada to Master Albert, who was already hearing related construction lien matters concerning the same project.
The court considered whether the litigation between the general contractor and the performance bond issuer should be heard by the same Master to avoid a multiplicity of proceedings and inconsistent findings.
The motion was granted, finding significant overlap in factual and legal issues and no undue prejudice to the defendant.
