Court of Appeal for Ontario

Date: December 19, 2019 Docket: C67025 Judges: Trotter, Zarnett and Jamal JJ.A.

Between

Firstonsite Restoration Limited Plaintiff (Respondent)

and

4049 River Road GP Inc., 4049 River Road LP, Debbie Bush, Andrezej Kenpnski and Hunter Milborne Defendants (Appellants)

Counsel

Robert J. Kennaley, for the appellants, 4049 River Road GP Inc., 4049 River Road LP

Raymond M. Slattery and Sepideh K. Nassabi, for the respondent

Heard and released orally: December 16, 2019

On appeal from: the judgment of Justice Edward M. Morgan of the Superior Court of Justice, dated July 23, 2018.

Reasons for Decision

[1] The motion judge granted summary judgment for payment of invoices the respondent issued to the appellants for demolition and clean-up work performed by the respondent on the appellants' property, which had been damaged by fire.

[2] The respondent had been selected by the appellants' insurer, but it is not disputed that the appellants are responsible for payment. The appellants' position on the appeal is that the motion judge erred in not finding a genuine issue requiring a trial concerning the amount properly owing. We disagree.

[3] The motion judge was entitled to find that there was no genuine issue requiring a trial with respect to the amount. The respondent led evidence of the contract, its performance, the expenses it incurred, the supplies it delivered and the labour it performed. The motion judge found that the respondent had produced every receipt, supplier's invoice, worker's timesheet and other documentation to back up its invoices. The final amount was set after a company appointed by the appellants' insurer audited the invoices, and it was set taking into account the reduction the auditor had suggested.

[4] The appellants did not cross-examine. The motion judge was entitled to find their efforts to raise doubt about the amount owing to be insufficient to raise a genuine issue requiring a trial. His decision is entitled to deference.

[5] The appeal is accordingly dismissed.

[6] The respondent is entitled to its costs in the amount $20,000, inclusive of all taxes and disbursements.

Gary Trotter J.A. B. Zarnett J.A. M. Jamal J.A.