Court File and Parties
COURT FILE NOS.: 18-75300 and 18-75301 DATE: 2022/03/10
ONTARIO SUPERIOR COURT OF JUSTICE
IN THE MATTER OF the Construction Lien Act, R.S.O. 1990, c. C.30, as amended
BETWEEN:
GREEN VIEW HEATING & COOLING INC. Plaintiff – and – RETAIL AND FRANCHISE CONSTRUCTION GROUP INC. a.k.a. RFC GROUP, TOROVIN INVESTMENTS LTD., 2437408 ONTARIO CORP. and BOSTON PIZZA Defendants – and – GREEN VIEW HEATING & COOLING INC. Plaintiff – and – RETAIL AND FRANCHISE CONSTRUCTION GROUP INC. a.k.a. RFC GROUP, 2418138 ONTARIO INC., LAURENTIAN BANK OF CANADA and CAISSE POPULAIRE RIDEAU-VISION D’OTTAWA INC. Defendants
Counsel: Fabio M. Soccol, Counsel for the Plaintiff Andrew D. Ferguson, Counsel for the Defendants
HEARD: November 22-26, and December 1, 2021
Addendum to Reasons for Judgment of January 20, 2022
MCLEAN J.
[1]
Addendum to Reasons for Judgment
This is an addendum to a judgment issued in January 2022. An error contained in the calculations in the judgment was brought to my attention by joint letter from counsel. After consideration of the matter again, it is the court's view that there were certain mistakes in the calculation set forth in that judgment.
2In the discussion regarding Boston Pizza, there was clearly an error in the contract price set forth in the judgment. It should have read $152,550 in paragraph 11. The court further omitted the two agreed upon chargebacks namely $2,254.35 and $1,423.24 (items 17 and 23 of the Scott Schedules). The net result of these changes is that the judgment to Green View Heating & Cooling Inc., on this part portion of the claim is changed to $57,771.41. There is no change to the Homewood claim. The judgment is amended accordingly.
[3]
Costs
The other matter that the court must decide is the matter of costs. This was a very short trial and therefore costs should be proportional. The parties have provided bills of cost on a global basis combining both claims. The plaintiff suggests $67,918.82 and the defendant $48,423.89. Both are on a partial indemnity basis. There are no Rule 49 offers for consideration. I have considered the time involved and the other considerations in Rule 57.01(1). The plaintiff shall have costs in the amount of $57,000.00 which, if costs are to be apportioned 60%, then $34,200 for Homewood and $22,800 for Boston Pizza, all payable from the amounts paid into court in the first instance.
Mr. Justice H. McLean Released: March 10, 2022