Stephane Bond

The Third Party, a municipality, brought a motion for summary judgment to dismiss a Third Party Claim brought by the Defendant general contractor.

The claim arose from a municipal infrastructure project where a provisional item was deleted from the contract.

The parties had previously entered into a Global Settlement Agreement to resolve all outstanding claims.

The court found that the summary judgment process was appropriate as there were no credibility issues requiring a trial.

The court interpreted the Global Settlement Agreement and concluded that the specific claim was subsumed within the settlement, barring the Defendant from asserting further claims.

The motion for summary judgment was granted.

The plaintiff masonry company brought an action for unpaid services under a verbal, cash-based contract for the installation of stone veneer and chimneys on the defendants' new home.

The defendants counterclaimed for the cost of remedial work, alleging the masonry was defective and not compliant with the building code.

The court found that both parties entered into an imprecise, 'under the table' arrangement and shared responsibility for the project's shortcomings.

Concluding that the plaintiff received less than expected but was entitled to less due to the final result, and that the defendants as builder/contractors bore responsibility for the conditions, the court dismissed both the main action and the counterclaim.