Vivian Tran Hua

In a wrongful dismissal action, the plaintiff amended their statement of claim against individual directors under s. 248 of the OBCA following a Court of Appeal decision.

The defendants brought a second motion to strike the amended claim, arguing it remained deficient.

At a case conference, the court determined it could not resolve the issue on a limited record and scheduled the defendants' motion to strike for a later date, while encouraging the parties to proceed with discovery and mediation.

The plaintiff, Jetstream Environmental Solutions, sued the defendants, Normerica Realty Corporation and Normerica Inc., for breach of contract and unjust enrichment related to emergency waste removal services after a roof collapse at Normerica's plant.

The court found a clear and unambiguous contract existed between the parties, based on their prior working relationship and Normerica's directive to "do whatever it takes" to resolve the emergency.

The court found Normerica liable for breach of contract, rejecting their retrospective complaints about the work and billing process as disingenuous.

Judgment was granted in favour of Jetstream for the full outstanding amount plus interest, and the construction lien was declared properly placed.