CITATION: Canada-Wide Reinforcing Steel Co. (1987) Ltd. v. ABCO One Corporation, 2022 ONSC 4168
DIVISIONAL COURT FILE NO.: 883/21
DATE: 20220714
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Swinton, Stewart and Nishikawa JJ.
BETWEEN:
CANADA-WIDE REINFORCING STEEL CO. (1987) LTD.
Christian R. Riveros, for the Plaintiff (Respondent) Canada-Wide Reinforcing Steel Co. (1987) Ltd.
Plaintiff (Respondent)
– and –
ABCO ONE CORPORATION, CITY OF TORONTO and TORONTO TRANSIT COMMISSION
Angela Assuras, for the Defendant (Appellant) ABCO One Corporation
Defendants (Appellant)
– and –
ABCO ONE CORPORATION
Plaintiff (Appellant)
– and –
CITY OF TORONTO, TORONTO TRANSIT COMMISSION and POMERLEAU INC.
Defendant (Respondent)
Angela Assuras, for the Plaintiff (Appellant) ABCO One Corporation
Karen B. Groulx and Dragana Bukejlovic, for the Defendant (Respondent) Pomerleau Inc.
HEARD at Toronto (by videoconference): July 14, 2022
Swinton J. (Orally)
[1] ABCO One Corporation appeals the order of Matheson J. dated November 29, 2021 (2021 ONSC 7127) that dismissed its motion opposing confirmation of a report made by Associate Judge Wiebe following a consolidated construction lien action.
[2] The construction lien trial took place over 24 days and detailed reasons were issued on August 16, 2019. The motion to oppose confirmation of the report took three days and resulted in careful and thorough reasons by the motions judge.
[3] In this appeal, the appellant essentially repeats the arguments made before the motions judge and repeats challenges to findings of fact made by the Associate Judge. We see no error of law in the motions judge’s decision nor any palpable and overriding error of fact. Indeed, we agree with her decision and her reasons.
[4] With respect to her costs order, we find no error in principle and would not interfere with her costs order.
[5] Accordingly, the appeal is dismissed.
[6] Costs to Canada-Wide are fixed at $5,000 on a partial indemnity basis. Costs to Pomerleau are fixed at $25,000 which is a fair and reasonable amount in the circumstances.
Swinton J.
I agree
Stewart J.
I agree
Nishikawa J.
Date of Oral Reasons for Judgment: July 14, 2022
Date of Written Release: July 18, 2022
CITATION: Canada-Wide Reinforcing Steel Co. (1987) Ltd. v. ABCO One Corporation, 2022 ONSC 4168
DIVISIONAL COURT FILE NO.: 883/21
DATE: 20220714
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Swinton, Stewart and Nishikawa JJ.
BETWEEN:
CANADA-WIDE REINFORCING STEEL CO. (1987) LTD.
Plaintiff (Respondent)
– and –
ABCO ONE CORPORATION, CITY OF TORONTO and TORONTO TRANSIT COMMISSION
Defendants (Appellant)
– and –
ABCO ONE CORPORATION
Plaintiff (Appellant)
– and –
CITY OF TORONTO, TORONTO TRANSIT COMMISSION and POMERLEAU INC.
Defendant (Respondent)
ORAL REASONS FOR JUDGMENT
Swinton J.
Date of Oral Reasons for Judgment: July 14, 2022
Date of Written Release: July 18, 2022