Thomas Davis

The plaintiff brought a summary judgment motion at trial based on deemed admissions arising from the defendants' failure to respond to a request to admit.

The court found that the defendants owed $20,353.35 for asbestos abatement services, including $5,330.00 on the original invoice and $15,023.35 for additional work instructed and agreed to by both defendants.

The claim for interest at two percent per month was disallowed as no agreement on that rate had been proven, with prejudgment interest instead allowed at the statutory rate under the Construction Act.

The construction lien was found valid against both defendants, who were both found to be 'owners' within the broad statutory definition, as the deemed admissions established that the property owner had overseen renovations, instructed the work, and directly benefited from the improvement.

Following the dismissal of the defendant's motion to discharge a certificate of pending litigation, the plaintiffs sought substantial indemnity costs based on unaccepted offers to settle.

The court found that Rule 49.10(2) did not entitle the plaintiffs to substantial indemnity costs because they were the responding parties on the motion, and the motion was dismissed.

However, exercising its discretion under Rule 49.13, the court awarded the plaintiffs partial indemnity costs, increased to $3,500 to recognize their efforts to resolve the matter.

The appellant appealed a judgment of the Federal Court of Appeal which upheld the Trial Division's finding that the Federal Court lacked jurisdiction to hear a claim regarding a joint venture contract.

The Supreme Court of Canada dismissed the appeal, confirming that the Federal Court of Appeal was correct in its assessment of jurisdiction based on previous jurisprudence.