Tanisha Merkley

The plaintiff, a masonry subcontractor, sued the defendant general contractor for breach of a Contract A formed during a public construction tendering process, alleging the defendant was obligated to use it as the masonry subcontractor after naming it on its tender form submitted to the school board.

The court found no contract existed between the parties because the defendant never issued a call for tenders to subcontractors and no bid depository system was in place, meaning the Ron Engineering Contract A framework did not apply.

The court further held that even if a contract existed, the plaintiff's bid was materially non-compliant with the tender specifications, and the plaintiff failed to prove it suffered any damages given its inability to isolate expected profit from overhead costs and its mitigation income from other projects.

The court granted summary judgment dismissing the plaintiff’s claim as statute-barred under the Limitations Act, 2002.

The plaintiff, Kathy Olson, sued the defendants for breach of contract and misrepresentation after renovations to her cottage proved deficient.

The court found that Olson had sufficient knowledge of the deficiencies and the basis for a claim by summer 2019, more than two years before she commenced her action in July 2022.

The court held that the limitation period had expired, and there was no genuine issue requiring a trial.

The defendant, Klaudia Capalbo, brought an urgent injunction motion against the plaintiff, Michael Monaco, her business and former romantic partner, concerning financial access, salary payment, defamation, and a restraining order.

The parties reached a consent order regarding defamation issues.

The court granted Capalbo's request to increase access to corporate funds for an upcoming event from $130,000 to $200,000, finding it reasonable.

However, the court dismissed her requests for immediate payment of her 2024 salary, deeming it not urgent and part of the broader dispute, and for a physical restraining order against Monaco, finding no evidence of threats or need for physical restraint.

Costs were held in the cause due to mixed results.