Court File and Parties
COURT FILE NO.: CV-19-614680
DATE: 20210416
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: WALSH CONSTRUCTION COMPANY CANADA Plaintiff
AND:
ZURICH INSURANCE COMPANY LTD. Defendant
BEFORE: Mr. Justice Chalmers
COUNSEL: F. Bogach and P. Conrad, for the Plaintiffs
J. MacLellan and R. Yehia for the Defendant
HEARD: April 16, 2021, by writing
ENDORSEMENT
[1] The Plaintiff, Walsh Construction Company Canada (“Walsh”) is the general contractor for the construction project relating to the “P” Building upgrades and odour control work located at the City of Toronto Ashbridge’s Bay Wastewater Treatment Plant, (the “Project”). By subcontract dated July 12, 2013, Walsh retained Gowing Contractors Ltd. (“Gowing”) as the mechanical subcontractor to complete certain mechanical work for the Project.
[2] On October 16, 2013, the Defendant, Zurich Insurance Company Ltd. (“Zurich”) issued a performance bond; Bond Number 6340298 with respect to Gowing’s work on the Project.
[3] On August 20, 2019, Gowing preserved a construction lien with respect to the Project by registering a lien against the Project as Instrument No. AT5216911. On October 9, 2019, Gowing commenced an action with respect to the lien; Court File No.: CV-19-00628838-0000. The lien action was referred to Master Wiebe for trial along with other construction lien actions relating to the Project.
[4] On June 2, 2020, Walsh commenced this action against Zurich. Master Wiebe directed that the lawyers for Zurich attend a trial management conference in the Lien reference.
[5] Walsh brings this motion seeking an order that this action be referred to Master Wiebe for trial with the Lien action. Zurich consents to the relief sought.
[6] I am satisfied that having this matter heard before Master Wiebe with the Lien action is the most efficient manner of proceeding and will ensure there will be no inconsistent findings of fact or law.
[7] I grant the relief sought. Order to go in accordance with the draft order filed and signed by me.
DATE: APRIL 16, 2021