Court File and Parties

COURT FILE NO.: CV-20-00637505

DATE: 20210614

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: WALSH CONSTRUCTION COMPANY CANADA Plaintiff

AND:

GOWING CONTRACTORS LTD. Defendant

AND BETWEEN:

GOWING CONTRACTORS LTD. Plaintiff by Counterclaim

AND:

WALSH CONSTRUCTION COMPANY CANADA and THE CITY OF TORONTO Defendants by Counterclaim

BEFORE: Mr. Justice Chalmers

COUNSEL: F. Bogach and P. Conrod for the Plaintiff/Defendant by Counterclaim, Walsh Construction

R. Hammond for the Defendant/Plaintiff by Counterclaim

C. Jones and H. Bruckner for the Defendant/Plaintiff by Counterclaim

HEARD: June 14, 2021 by writing

ENDORSEMENT

[1] The Plaintiff, Walsh Construction Company Canada is a general contractor for a construction project relating to the “P” building upgrades and odour control work at the City of Toronto’s Ashbridges Bay Wastewater Treatment Plant (the Project). Walsh retained the Defendant, Gowing Contractors Ltd. as the mechanical subcontractor to complete the mechanical and process work for the Project.

[2] On August 20, 2019, Gowing preserved a construction lien with respect to the Project by registering a claim for lien against the Project. On October 9, 2019, Gowing commenced an action with respect to the Gowing lien. The Gowing lien action has been referred to Master Wiebe for trial along with other construction lien actions relating to the Project.

[3] On March 5, 2020, Walsh commenced this action against Gowing with respect to the Project. Walsh seeks an order referring this action to Master Wiebe to be tried with, or immediately following the Gowing lien action. Walsh states that this action and the Gowing lien action have questions of law and fact in common and arise out of the same Project and subcontract, and that referring this action to Master Wiebe to be tried with the Gowing lien action is the most efficient means of proceeding with both actions and will ensure there are no inconsistent findings of fact and to avoid multiplicity of proceedings.

[4] The parties consent to the relief sought.

[5] I am satisfied that it is in the interests of justice that this action be referred to Master Wiebe to be tried with, or immediately after the Gowling lien action.

[6] Order to go in accordance with the draft order filed and signed by me.

DATE: JUNE 14, 2021