ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CV-11-0499
DATE: 2015-12-11
B E T W E E N:
Peter D. Specht,
Morris J. Holervich, for the Plaintiff
Plaintiff
- and -
Grant Thornton Limited as Trustee in Bankruptcy for Ross William Johnson (a bankrupt) and Deborah Helen Dalseg,
No one appearing for the Defendants
Defendants
HEARD: December 11, 2015,
at Thunder Bay, Ontario
Mr. Justice W.D. Newton
Reasons For Judgment On Undefended Trial
[1] In this action the plaintiff seeks judgment for money owing to him under a house building contract.
[2] The Statement of Defence was struck and the Counterclaim was dismissed by order of Fregeau J. dated October 22, 2015. As the defendant Johnson has made an assignment in bankruptcy, the action is proceeding only against the defendant Deborah Helen Dalseg.
[3] Mr. Johnson and Ms. Dalseg contracted with the plaintiff to build what must be a very elaborate home in 2010.
[4] The plaintiff was called as a witness to outline the terms of the contract and to provide evidence as to the amounts invoiced and paid by the defendants. After giving credit for amounts paid by the defendants to third parties and already paid by the defendants to the plaintiff, I find that the amount owing to the plaintiff is the sum of $206,910.74.
[5] The plaintiff shall have judgment for $206,910.74.
[6] The plaintiff shall also have judgment for prejudgment interest on $206,910.74 from October 13, 2011 to date of judgment in accordance with the Courts of Justice Act.
[7] I received very detailed cost submissions summarizing the costs incurred. The plaintiff seeks costs in the amount of $35,000 plus HST for partial indemnity fees and $6,200.43 for the disbursements inclusive of HST. I order that the plaintiff shall have its costs fixed in those amounts for fees and disbursements.
[8] I wish to thank counsel for his preparation of the exhibit book which clearly and concisely set out the plaintiff's claim.
[9] Counsel may speak to me in chambers if anything further is required with respect to formalizing this judgment.
_______”original signed by”
The Hon. Mr. Justice W.D. Newton
Released: December 11, 2015
COURT FILE NO.: CV-11-0499
DATE: 2015-12-11
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Peter D. Specht,
Plaintiff
- and -
Grant Thornton Limited as Trustee in Bankruptcy for Ross William Johnson (a bankrupt) and Deborah Helen Dalseg,
Defendants
REASONS FOR JUDGMENT
Newton J.
Released: December 11, 2015
/mls