Stephen T. Brogden

The third party, Onward, moved to permanently stay the main action based on a release containing a no-claims-over clause that the plaintiff had signed in its favour.

The defendant, Enercare, had commenced a third-party claim against Onward for contribution and indemnity.

The court dismissed the motion, finding that the plaintiff had expressly waived its right to recover any damages attributable to Onward's fault in its amended statement of claim.

Applying the principle from Taylor v. Canada, the court held that this waiver eliminated any viable claim-over by Enercare against Onward, meaning the main action was not a prohibited proceeding under the release.

Following the dismissal of the plaintiff's action for well contamination, the court determined costs.

The plaintiff conceded liability for the defendant's partial indemnity costs but disputed liability for the third parties' costs.

Applying the principles from Guarantee Co. of North America, the court found it fair to order the plaintiff to pay the successful third parties' costs, as the main issue litigated was between the plaintiff and the third party who applied the biosolids.

The court fixed total costs at $70,000, apportioned among the defendant and two third parties, noting that the costs claimed were disproportionate to the modest nature of the case and criticizing the parties' failure to make reasonable settlement offers.

The plaintiff contractor brought a construction lien action against the defendant owner for unpaid extras on a commercial renovation project.

The parties had agreed to a fixed-price contract, but the plaintiff claimed it performed numerous extras at the owner's request.

The owner argued the fixed price was an upset limit and claimed set-off for deficiencies.

The court found that the owner had expressly or impliedly authorized most of the extras and waived any requirement for written authorization.

The court dismissed the owner's claim for set-off because it failed to give the contractor notice of the alleged defects and an opportunity to correct them.

The contractor was awarded a lien judgment for $82,185.82.