The plaintiff, Winmar, a contractor, brought a motion for summary judgment against the property owner (Lixo), the insurer (Intact), and the insurance adjuster (Granite) for unpaid work following a fire and subsequent flood.
Intact and Granite also brought motions for summary judgment to dismiss Winmar's claims against them.
The court found genuine issues requiring a trial regarding Winmar's claim against Lixo, particularly concerning the scope of work, the timing of the lien, and the quantum owed, as much of the work was related to a separate flood incident for a tenant (Club V) and not clearly authorized by Lixo.
Winmar's motion against Lixo was dismissed, but the action against Lixo was not dismissed.
The court granted Intact and Granite's motions for summary judgment, dismissing Winmar's claims against them, finding no direct contractual relationship, no benefit gained by them, and no jurisdiction under the Construction Lien Act for claims against non-owners or for quantum meruit/unjust enrichment against them.
