Court of Appeal for Ontario

Date: 2021-02-19 Docket: C68358

Judges: Doherty, Pepall and Thorburn JJ.A.

Between:

Fermar Paving Limited Applicant (Appellant)

and

Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation Respondent (Respondent in Appeal)

Counsel: Eric A. F. Grigg and James A. LeBer, for the appellant Antonin I. Pribetic and Alex Redinger, for the respondent

Heard and released orally: February 17, 2021 by Video Conference

On appeal from the judgment of Justice Jonathon C. George of the Superior Court of Justice, dated April 27, 2020.

Reasons for Decision

[1] The outcome of the application turned on the interpretation of interrelated and somewhat complex provisions in standard form agreements entered into by the parties. The terms of the parties’ agreement were found in various documents, all of which were standard in the road construction industry.

[2] We are in substantial agreement with the reasons of the application judge, reported at 2020 ONSC 2603 and, in particular, his observations at paras. 32 and 43-49. The appeal is dismissed. The respondent is entitled to costs of the appeal, fixed at $7,100, inclusive of disbursements and relevant taxes.

“Doherty J.A.”

“S.E. Pepall J.A.”

“J.A. Thorburn J.A.”