5 total
Appeal of construction dispute judgment dismissed; trial judge's credibility findings and procedural rulings upheld.
The appellants appealed a trial judgment awarding the respondent subcontractor $96,580.24 for breach of contract in a construction dispute.
The appellants argued the trial judge erred by allowing the respondent to split its case, making palpable and overriding errors of fact regarding construction delays, applying inconsistent evidentiary standards, misinterpreting a consent order, and demonstrating a reasonable apprehension of bias.
The Divisional Court dismissed the appeal, finding no merit to the case splitting argument, deferring to the trial judge's credibility findings on the delay and evidentiary issues, and concluding there was no basis for the bias claim.
Self-represented successful defendant awarded modest costs for proven opportunity-cost litigation work.
Following dismissal of the plaintiff’s action and the unsuccessful appeal, the self-represented defendant sought costs totaling $12,093.30.
The court considered the governing principles for awarding costs to self-represented litigants, including the requirement that the litigant demonstrate time spent performing work ordinarily done by a lawyer and that the time represented an opportunity cost in lost income.
Applying the principles from Fong v. Chan and Mustang Investigations v. Ironside, the court allowed compensation for certain legal preparation activities but excluded time for travel and general attendance.
The court emphasized that costs principles apply equally to self-represented parties and that successful litigants may receive indemnification where opportunity cost is proven.
A reduced amount representing lost income and disbursements was awarded.
Appeal dismissed; surety who voluntarily paid corporate debt without imminent default cannot claim contribution from co-surety.
The appellant and respondent were co-sureties for a corporate debt.
The appellant's principal unilaterally took control of the business, excluded the respondent, and caused the appellant to pay off the corporate debt without any demand from the bank or notice to the respondent.
The appellant then sought equitable contribution from the respondent.
The trial judge dismissed the action, finding the payment was voluntary and not reasonably necessary for the survival of the business.
The Court of Appeal dismissed the appeal, holding that because the appellant failed to establish that default was imminent, its voluntary payment discharged the debt and released the co-surety.
Subcontractor awarded unpaid balance for structural steel work; contractor's counterclaim for delay and set-off dismissed.
The plaintiff subcontractor brought an action against the defendant contractor for breach of contract and under the Construction Lien Act for unpaid amounts relating to the supply and installation of structural steel.
The defendant counterclaimed for damages, alleging the plaintiff caused construction delays and failed to complete its work, requiring the defendant to intervene.
The court found that the plaintiff completed its contractual obligations within a reasonable time and that the defendant breached the contract by refusing to pay the balance owing.
The defendant's counterclaim for set-off was largely dismissed for lack of reliable evidence, and the plaintiff was awarded the balance of the contract price.
Action on assigned guarantee dismissed where plaintiff voluntarily paid corporate debt without bank demand.
The plaintiff company, controlled by the defendant's former business partner, voluntarily paid off a bank line of credit owed by their jointly owned business.
The bank had not made a formal demand for payment.
The plaintiff then obtained an assignment of the defendant's personal guarantee from the bank and sued the defendant for his share.
The court dismissed the action, finding that the plaintiff acted as a volunteer and that there was no legal compulsion or reasonable necessity to pay the debt, disentitling the plaintiff from claiming indemnification under the guarantee.
