N. Sidlar

The plaintiff, a subcontractor on the Finch West LRT project, sought leave to bring motions for partial summary judgment on its claims for unpaid invoices and holdback, and to dismiss or stay the defendants' set-off claims and counterclaims for failure to prove damages, and to determine the applicability of a contractual limitation of liability clause.

The defendants opposed leave, arguing that partial summary judgment would introduce procedural complexity and delay trial.

The court granted leave, finding that the proposed motions would expedite resolution of issues in dispute, particularly given that liability and damages are separate issues and that the court, as both motions judge and trial judge in the Construction Act reference, could manage any concerns about inconsistent findings.

The plaintiff moved for leave to amend its statement of claim to add a third party as a defendant in an action concerning environmental contamination.

The proposed defendant opposed the motion, arguing the claim was statute-barred.

The court found that the plaintiff had actual knowledge of the material facts giving rise to a plausible inference of liability against the proposed defendant more than two years before bringing the motion.

Consequently, the limitation period had expired, and the motion to add the party was dismissed.