Correction Notice

Corrected Order: the text of the original order dated September 12, 2025 was corrected on September 15, 2025 and the description of the correction is appended.

Paragraph 2 has been added to provide that the applicant shall pay costs to the respondent in the amount of $5000.

Court File and Parties

CITATION: 2431794 Ontario Inc. v. Fluker Electrical-Mechanical Contractors Inc., 2025 ONSC 5055

DIVISIONAL COURT FILE NO.: 494/25 ML

DATE: 20250912

SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT

RE: 2431794 Ontario Inc. Operating as HKC Construction, Moving Party AND: Fluker Electrical-Mechanical Contractors Inc., Responding Party

BEFORE: Backhouse, Nakatsuru, and O’Brien JJ.

COUNSEL: Harp S. Khukh, for the Moving Party Christophe Shammas, for the Responding Party

HEARD: In-writing

Amended Endorsement

[1] The motion for leave to appeal the interim determination of Adjudicator Gerald Genge, J. dated May 14, 2025 is dismissed without prejudice to either party seeking leave to judicially review upon a final determination by the Adjudicator.

[2] The applicant shall pay costs to the respondent in the amount of $5000.

Backhouse J.

Nakatsuru J.

O’Brien J.

Released: September 12, 2025