Justice G.E. Taylor

The defendants brought a motion for partial summary judgment to dismiss the plaintiff subcontractor's claim for the balance owing on a construction contract, while preserving their own counterclaim for delay damages.

The dispute arose from the construction of a water treatment plant, with the plaintiff alleging inaccurate schedules and specifications, and the defendants alleging the plaintiff failed to meet timelines.

The court dismissed the motion, finding that significant factual issues required determination at trial and it was inappropriate to decide the plaintiff's claim summarily while leaving the defendants' counterclaim for trial.

The plaintiffs brought a motion to add a new corporate defendant and several individual defendants, and to amend their Statement of Claim to increase damages to $8,000,000 and assert claims of fraud.

The plaintiffs alleged that the original defendant transferred its business and assets to the new corporate defendant to defeat the plaintiffs' claims regarding environmental contamination advice.

The court granted the motion, finding that the plaintiffs moved with sufficient dispatch upon discovering the new corporation and that the allegations were more conveniently dealt with in the present action.