Maria Ruberto

The court granted partial summary judgment in favour of Western Surety Company on its claim for exoneration against the defendants.

The decision reviews the legal principles underpinning exoneration clauses in surety indemnity agreements, the appropriateness of partial summary judgment, and the application of these principles to the facts.

The court found that the exoneration claim was discrete and severable from indemnification claims, that there was no genuine issue requiring a trial, and that the defendants were jointly and severally liable to exonerate Western in the amount of $3,990,000.

Four actions arising from a commercial construction project were tried together.

The owner, acting as its own general contractor, alleged that the site supervisor, excavator, and other contractors colluded to defraud it by overbilling for excavation, trucking, and materials, and claimed the site supervisor breached a fiduciary duty.

The excavator and site supervisor registered construction liens for unpaid invoices and compensation.

The court dismissed the owner's fraud and breach of fiduciary duty claims, finding no evidence of false representations or vulnerability.

The court upheld the construction liens, awarding the excavator $399,990.12 for unpaid work and lost profit, and awarding the site supervisor $150,000 for his services, while ordering the return of a Ferrari given as partial payment.

The plaintiff brought a motion in a construction lien claim.

On consent of the parties, the court ordered that the matter be referred to a Master for trial.

This decision addresses costs arising from the dismissal of two actions by Nanak Homes Inc. for delay.

The court found Nanak's conduct reprehensible due to significant, unexplained delays and failure to advance litigation, which warranted substantial indemnity costs.

The court also granted Kamco an indemnity against Nanak for third-party costs, concluding that Kamco reasonably joined third parties given Nanak's unparticularized claims.

Claims for non-party costs against LawPRO were dismissed as neither the "person of straw" test nor abuse of process was established.

Various defendants and third parties were awarded costs against Nanak, totaling $139,155.24.

The defendants moved to dismiss the plaintiff's two construction defect actions for delay.

The actions were commenced in 2011 and 2012 but had not progressed to discoveries.

The plaintiff's former counsel claimed a 'mental block' prevented him from advancing the files, and the plaintiff's principal claimed ignorance of the delay.

The court found the delay was inordinate and inexcusable, noting the plaintiff's principal failed to monitor the litigation.

The court also found actual prejudice to the defendants, including the death of a key witness.

The motions were granted and the actions dismissed.

The applicant, HMI, brought a motion to refer a consolidated construction lien action, involving seventeen liens totaling over $42 million, to a single private arbitration and to stay the court proceedings.

The consolidated action was divided into three streams (A, B, C) based on contractual relationships.

The motion was opposed by various lien claimants and other parties.

The court dismissed the motion, finding that a consolidated arbitration could not be ordered due to significant conflicts in arbitration clauses across the different contracts, the inclusion of third parties who had not consented to arbitration, the failure to follow contractual dispute resolution protocols (including mediation), and potential for increased costs and delays for some parties.

The court emphasized the consensual nature of arbitration and declined to impose non-consensual amendments to contracts or stay the court action.