Factual Background:

• Julia Fraser and James Lewis contracted 2834277 Ontario Inc. to build a custom houseboat for $490,809.
• Initial payments: 30% ($147,322) in Jan-Feb 2023, additional 20% payments ($98,360 each) in March and April 2023.
• Dispute arose regarding construction progress with only 70% ($343,910) paid.
• Plaintiff estimated completion in an additional 9.6 weeks needing $379,000 more.
• Defendants claimed Plaintiff abandoned the project and incurred $310,120 to continue work; estimated another $200,000 needed.
• Ownership of houseboat transferred to Defendants as per Transport Canada’s registry.
• Plaintiff changed locks, issued trespass notices, and sued for unpaid amounts plus additional costs totaling over $300,000.
• Defendants counterclaimed for breach of contract and additional completion costs over $500,000.

Motion:

• Defendants sought interlocutory order under section 104 of the Courts of Justice Act for possession of the houseboat.
• Hearing adjourned from April 18, 2024, to June 11, 2024, due to Plaintiff’s need to retain counsel.
• Plaintiff appeared without counsel; no motion for personal representative was made.

Court Findings:

• Factors Met Under Rule 44.01(1):
  • Houseboat is readily identifiable.
  • Approximate value: $300,000.
  • Defendants are registered owners.
  • Plaintiff unlawfully detaining the houseboat.
  • Defendants provided supporting affidavits; Plaintiff did not respond.
• Balance of Convenience:
  • Favored Defendants due to potential depreciation and space occupation issues.

Conclusion:

• Motion granted for Defendants:
  • Defendants have possession of the houseboat.
  • Plaintiff restrained from interfering with the movement of the houseboat within Ontario.
• Costs: $10,000 awarded to Defendants, payable by 2834277 Ontario Inc. and Joseph R. Nimens within 30 days.