Karen Groulx

The moving party, a subcontractor, brought a motion to oppose the confirmation of an Associate Justice's report arising from a 24-day consolidated construction lien trial.

The subcontractor argued that the Associate Justice erred in finding that the general contractor did not breach the payment terms, that the termination of the contract was justified, and that the general contractor did not breach the duty of good faith.

The Superior Court of Justice found no errors in principle or palpable and overriding errors of fact or mixed fact and law in the Associate Justice's findings.

The motion to oppose confirmation was denied and the report was confirmed.

This decision addresses costs and interest following a trial where ABCO One Corporation's claims were dismissed, and Pomerleau Inc. was awarded $516,458.18 against ABCO.

The court awarded Pomerleau $500,000 in costs against ABCO, considering ABCO's lack of success, its failure to make serious settlement attempts, and its conduct during trial.

Canada-Wide Reinforcing Steel Co. (CW) was awarded $37,000 in substantial indemnity costs against Pomerleau, due to Pomerleau's unreasonable insistence on CW re-proving its default judgment and a 'bullying' settlement offer.

Prejudgment interest on Pomerleau's judgment against ABCO was also calculated based on specific breach dates.

This decision addresses costs and interest following a trial where ABCO One Corporation's claims were dismissed, and Pomerleau Inc. was awarded $516,458.18 against ABCO.

The court awarded Pomerleau $500,000 in costs against ABCO, considering ABCO's lack of success, its failure to make serious settlement attempts, and its conduct during trial.

Canada-Wide Reinforcing Steel Co. (CW) was awarded $37,000 in substantial indemnity costs against Pomerleau, due to Pomerleau's unreasonable insistence on CW re-proving its default judgment and a 'bullying' settlement offer.

Prejudgment interest on Pomerleau's judgment against ABCO was also calculated based on specific breach dates.

The plaintiff subcontractor brought a construction lien action against the defendant general contractor after its subcontract was terminated.

The general contractor counterclaimed for completion costs and back-charges.

The court found that the subcontractor had repudiated the contract through excessive payment demands, a production slowdown, and uncorrected deficiencies, justifying the termination.

The subcontractor's claims were dismissed, and it was ordered to pay the general contractor $516,458.18 in damages for back-charges.

A sub-subcontractor was awarded $84,002.92 in basic holdback from the general contractor.

The appellant landlord appealed a decision of the Ontario Rental Housing Tribunal finding that the respondents' homes were 'land lease homes' in a 'land lease community' under the Tenant Protection Act, 1997.

The respondents had purchased their homes and entered into 99-year land leases.

The Divisional Court dismissed the appeal, holding that the respondents were 'owners' of their dwellings within the meaning of the Act, as the agreements shifted the primary obligations of ownership to them and explicitly stated the buildings remained their property during the lease term.

The court also confirmed that common use elements are not a prerequisite for a land lease community.