William Michael Adams

The plaintiff, a construction company, brought a lien action against the defendant homeowners for unpaid work on a fixed-price custom home contract.

The defendants terminated the contract, alleging fundamental breaches by the plaintiff, including deviations from plans, unilateral changes, and project delays, and sought a declaration of repudiation and damages.

The court found no fundamental breach by the plaintiff, attributing delays and necessary changes to deficiencies in the defendants' own plans and designs.

The court concluded that the defendants wrongfully terminated the contract to avoid payment of the first milestone draw and to renegotiate the fixed price.

Judgment was granted in favour of the plaintiff for the lien amount and damages for breach of contract, and the defendants' counterclaim was dismissed.

The plaintiff, Ronald Albert Ornsby, was successful at trial and sought costs.

The defendant, Robert A. Monteith, did not provide submissions despite reminders.

The court awarded the plaintiff partial indemnity costs up to March 25, 2018, and substantial indemnity costs thereafter, totaling $13,781.22, inclusive of fees, disbursements, and HST.

The court found the costs fair, reasonable, and proportional, applying Rule 57.01(1) and Rule 49 of the Rules of Civil Procedure and Section 131 of the Courts of Justice Act.

The plaintiff, Ronald Albert Ornsby, claimed $65,000 from the defendant, Robert A. Monteith, for the outstanding balance of a banquet hall business sale.

The defendant counterclaimed for rescission of the contract and return of $100,000, alleging breach of contract by the plaintiff for failing to provide full disclosure.

The court found that a valid agreement existed and was completed, with the defendant taking possession and operating the business.

The court rejected the defendant's claims of non-disclosure and that the agreement was conditional on corporate incorporation, finding the defendant personally liable.

The defendant's counterclaim for rescission was denied as the parties could not be returned to their pre-contract position due to the defendant having stripped and sold chattels from the premises.

Judgment was granted in favour of the plaintiff for $65,000 plus pre-judgment interest.