M.Z. Tufman

Window Force Inc. brought a motion for summary judgment against TriCity Windows and Doors for breach of contract and unjust enrichment related to unpaid invoices and services.

TriCity counterclaimed for damages due to alleged delays and poor quality of windows.

The court dismissed the motion for summary judgment, finding that there were genuine issues requiring a trial, particularly concerning the terms of the unwritten contract, the quality of goods, delivery issues, mitigation efforts, and the credibility of witnesses.

The court determined that the evidence was insufficient to make necessary findings of fact and credibility summarily, and that a full trial with viva voce evidence and cross-examinations was required for a fair and just adjudication.

The respondent brought a motion to enforce an offer to settle, which the applicant opposed, arguing that the offer had not been accepted.

The court found that the applicant's offer, which included a condition regarding a potential Canada Revenue Agency (CRA) debt, was not fully accepted by the respondent.

The respondent's partial acceptance constituted a counter-offer, meaning no consensus ad idem was reached on all essential terms.

Consequently, the respondent's motion to enforce the settlement was dismissed, and costs were awarded to the applicant.