CITATION: Deman Construction Corp. v. 1429036 Ontario Inc., 2008 ONCA 292
DATE: 20080418
DOCKET: C43285
COURT OF APPEAL FOR ONTARIO
SIMMONS, LANG AND ROULEAU JJ.A.
BETWEEN:
DEMAN CONSTRUCTION CORP.
Respondent (Respondent in the Appeal)
And
1429036 ONTARIO INC., AAA MOVE MASTER LTD., RICK BENIPERSAUD, ROMSPEN INVESTMENT CORPORATION, AS TRUSTEE AND 1531685 ONTARIO INC.
Applicants (Appellants)
Leo Klug for the appellants
Anna Esposito for the respondent
Heard and released orally: September 27, 2005
Released: October 4, 2005
On appeal from the order of the Divisional Court (Justice John G. J. O’Driscoll, Justice Ted Matlow, Justice John R. Jennings) dated November 1, 2004.
ENDORSEMENT
[1] Based on our review of the parties’ submissions, we consider that the appellant should be permitted to raise the issue of the appropriate interest rate when the respondent’s claim for the additional amounts proceeds. Accordingly, paragraph 5 of our endorsement dated October 10, 2005 is amended to read as follows:
In light of our conclusions and all of the circumstances of this case, we would vary the principal amount of the judgment signed by the registrar from $2,536,789.00 to $336,409.34 and add a provision stipulating that the respondent’s claim for the additional amounts, as well as the appropriate interest rates payable on the whole of the amounts found to be owing, may proceed. The order varying the amount of the judgment is made on the following terms:
(1) the writs of seizure and sale and the registered liens shall remain in place for their full amount pending the trial, settlement or other resolution of this action, subject to the proviso that pending trial, settlement or other resolution of this action the respondent may not execute for an amount in excess of $336,309.34 plus interest in accordance with the Courts of Justice Act and costs;
(2) the appellant shall deliver their statement of defence and counterclaim on or before September 30, 2005; and
(3) the appellants shall deliver their affidavit of documents within the time limit stipulated by the Rules of Civil Procedure.
“Janet Simmons J.A.”
“S. E. Lang J.A.”
“Paul Rouleau J.A.”