COURT OF APPEAL FOR ONTARIO

(1993) Ltd., 2012 ONCA 130

DATE: 20120224

DOCKET: C54063

Sharpe, Blair and Juriansz JJ.A.

BETWEEN

Sirron Systems Inc.

Plaintiff/Appellant

and

North America Construction (1993) Ltd., Denis Gagnon, Sylvio Gagnon, Gordon Lindsay, Sylvio Corsini and Scott MacPherson

Defendants/Respondents

(except Sylvio Gagnon)

Paul Starkman, for the plaintiff/appellant

Joel D. Watson and Samantha Ambrozy, for the defendants/respondents

Heard: February 24, 2012

On appeal from the order of Justice Alexandra Hoy of the Superior Court of Justice, dated June 23, 2011.

APPEAL BOOK ENDORSEMENT

[1] In our view, this appeal must be approached from a practical perspective. At the end of the day, the order of the motion judge secured the claim of the appellant by ordering the respondent to pay the full amount of the trust funds claimed into court where they will stand to protect the position of the parties pending resolution of the contractual dispute. The motion judge found that the appellant had failed to lead any evidence capable of supporting a claim for punitive damages. As the appellant’s claim is protected as contemplated by the Construction Lien Act, there is nothing left to litigate with respect to the claim for breach of trust. Appeal dismissed.

[2] Costs to the respondents fixed at $17,500 inclusive of disbursements and HST.