Wilhelm Concrete v. Shackelton, 2025 ONSC 3071

Case Summary

This decision concerns a dispute between Wilhelm Concrete and College Grain Inc. (and Jay Shackelton) regarding the construction of concrete silos. Wilhelm Concrete sought payment for unpaid invoices, while College Grain counterclaimed for damages due to alleged construction deficiencies causing water infiltration in two silos. The court found that there were construction deficiencies in Silos 2 and 4, resulting in water infiltration, and awarded damages to College Grain for repairs and increased labour costs. The court also determined the amount owing to Wilhelm Concrete for unpaid invoices, resolved the issue of pre-judgment interest, and found that Jay Shackelton was not personally liable. The court provided a detailed analysis of the limitation period and the appropriate means test under the Limitations Act, 2002.