Court File and Parties
COURT FILE NO.: C-321-12 DATE: 2018/07/17 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: NETWORK SITE SERVICES LTD., Plaintiff AND: THE CORPORATION OF THE TOWN OF OAKVILLE, Defendant
BEFORE: Mr. Justice D.A. Broad
COUNSEL: Michael A. van Bodegom and Thomas E. Sanderson, Counsel for the Plaintiff Kenneth W. Movat, Counsel for the Defendant
HEARD: March 12, 2018
Addendum to Reasons for Judgment Released May 8, 2018
[1] At paragraph 295 of my Reasons for Judgment reported at 2018 ONSC 2599 I invited counsel to write to me jointly to address any calculation errors in my Reasons.
[2] Mr. van Bodegom, counsel for the plaintiff, has now written to me, with the concurrence of Mr. Movat, counsel for the defendant, with respect to certain corrections required to my Reasons for Judgment.
[3] The following chart sets forth corrected amounts for six items which the parties agree should be shown on paragraph 286 of the Reasons for Judgment:
| Item | Network Claim | Town Admission | Amount in Reasons for Judgment | Corrected Amount | Nature of Correction |
|---|---|---|---|---|---|
| D8 | $20,350.00 | $7,425.00 | $12,925.00 | $20,350.00 | $7,425.00 was admitted but not yet paid. |
| E2 | $11,632.89 | $58.75 | $11,574.14 | $11,632.89 | $58.75 was admitted but not paid. |
| E11 | $1,570.24 | $7.08 | $1,563.16 | $1,570.24 | $7.08 was admitted but not paid. |
| E13 | $6,868.49 | $12.53 | $6,855.96 | $6,868.49 | $12.53 was admitted but not paid. |
| F2B | $96.40 | $96.40 | No amount (at para. 286) | $96.40 | Item was omitted from summary (para. 286). |
| G3 | $3,400.00 | $1,589.00 | $1,811.00 | $3,400.00 | $1,589.00 was admitted but not paid. |
[4] The following is a summary of unit price items in paragraph 286 of the Reasons for Judgment along with the corrected amounts, as aforesaid.
| Unit Price Item | Amount in Reasons for Judgment (para. 286) | Corrected Amount |
|---|---|---|
| A6C | $2,472.00 | $2,472.00 |
| B21 | $24,655.50 | $24,655.50 |
| D7 | $17,400.00 | $17,400.00 |
| D8 | $12,925.00 | $20,350.00 |
| D10 | $0.00 | $0.00 |
| E2 | $11,574.14 | $11,632.89 |
| E7 | $11,655.00 | $11,655.00 |
| E8 | $144,452.55 | $144,452.55 |
| E9 | $22,039.13 | $22,039.13 |
| E10 | $52,506.65 | $52,506.65 |
| E11 | $1,563.16 | $1,570.24 |
| E13 | $6,855.96 | $6,868.49 |
| E17 | $0.00 | $0.00 |
| E26 | $0.00 | $0.00 |
| F2B | N/A | $96.40 |
| F2C | $2,496.00 | $2,496.00 |
| G3 | $1,811.00 | $3,400.00 |
| Totals | $312,406.09 | $321,594.85 |
[5] The following is a revised summary at paragraph 287 of the Reasons for Judgment agreed to by the parties to give effect to the foregoing corrections.
| Items | Amount in Reasons for Judgment | Corrected Amount |
|---|---|---|
| Claims for Unpaid Quantities of Unit-Price Items | $312,406.09 | $321,594.85 |
| Individual Claims for Changes or Extras | $171,896.34 | $171,896.34 |
| Additional Claims advanced during Litigation | $0.00 | $0.00 |
| HST @ 13% | $62,959.32 | $64,153.85 |
| Total | $547,261.75 plus prejudgment interest | $557,645.04 plus prejudgment interest |
[6] Paragraph 293 of my Reasons for Judgment is therefor revised to read that the defendant shall pay to the plaintiff the sum of $557,645.04 plus pre-judgment interest thereon at the rate of 1.3% per annum pursuant to the Courts of Justice Act commencing on October 30, 2011.
D.A. Broad Date: July 17, 2018