This judgment addresses two lien actions arising from bridge rehabilitation work.
The plaintiffs, JCL Concrete Pumping Limited and Ontario Trucking and Disposal Ltd., claimed breach of contract or, alternatively, quantum meruit and unjust enrichment against SEMA Railway Structures Inc. for materials and equipment supplied.
The central issue was whether a contract was formed between SEMA and the plaintiffs, or with "JCL Group Inc." The court found no contract between SEMA and the plaintiffs, concluding that SEMA reasonably believed it was contracting with JCL Group Inc. As the plaintiffs had unequivocally withdrawn their alternative claims in quantum meruit and unjust enrichment prior to trial, the court dismissed their actions and discharged their liens.
SEMA's set-off claim was also dismissed as it was contingent on a contract being found.
