Ukrainec v. 2244104 Ontario Limited, 2017 ONSC 519

CITATION: Ukrainec v. 2244104 Ontario Limited, 2017 ONSC 519

COURT FILE NO.: CV-16-23293

DATE: 20170120

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Denise Ukrainec and Richard Ukrainec, Plaintiffs

AND:

2244104 Ontario Limited o/a Certified Solar, Certified Windows Inc. also o/a Certified Solar and Craig O’Brien, Defendants

BEFORE: Carey J.

COUNSEL: Robert Reynolds, agent for Erin Reynolds, for the Plaintiffs

No one appearing for the Defendants

HEARD: January 17, 2017

ENDORSEMENT

[1] The plaintiffs move for default judgment against the defendants, none of whom have responded to the claim issued by the plaintiffs. The plaintiffs say that the defendants not only breached their contract for installation of roof mounted solar panels, but have acted fraudulently in taking their deposit money and deprived them of the expected profit from the solar powered contract. On the material before me on this motion and on the deemed admissions as a result of failure to respond to the claim, I am satisfied that the defendants dealt fraudulently with the plaintiffs. I am further satisfied that the plaintiffs have demonstrated their good faith throughout. They are entitled to a judgment for the full value of the expected fruit of this contract as well as punitive damages.

[2] On the material in the claim and motion it is clear that Mr. O’Brien was the operating mind of the various corporate entities that are co-defendants and should be personally liable jointly with those companies.

[3] Accordingly, there will be judgment against all defendants in the amount of $189,260.64 for breach of contract. Given the outrageous conduct and fraud of the defendants, I award punitive damages of $28,364.16. Costs are fixed at $6,330.71, inclusive of disbursements and HST. This judgment will survive any bankruptcy by the defendants.

Original signed by Justice Thomas J. Carey

Thomas J. Carey

Justice

Date: January 20, 2017