Case Summary:

• Sjostrom's Claim:

  • Failed to prove lien and contract claims against Kelson.
  • Action dismissed.
  • Ordered to pay Kelson's costs of $123,270.92.

• Amar's Claim:

  • Successfully proved contract claim against Kelson.
  • Awarded full judgment plus pre-judgment interest.
  • Kelson ordered to pay Amar's costs of $173,025.17.

Detailed Breakdown:

Sjostrom's Action:

• Kelson’s Costs Claimed:
  • Sought $216,953.57 in substantial indemnity costs or $196,602.89 in partial indemnity costs.
• Decision:
  • Kelson awarded $105,000 in costs and $18,270.92 in disbursements.
  • Substantial indemnity costs awarded from September 28, 2022, offer to settle.

Amar's Action:

• Amar’s Costs Claimed:
  • Sought $187,366.53 in costs and pre-judgment interest from August 1, 2019.
• Decision:
  • Amar awarded $160,000 in costs and $13,025.17 in disbursements.
  • Pre-judgment interest set at 0.5% per annum from July 9, 2020.

Prejudgment Interest:

• Amar’s Claim:
  • Interest from August 1, 2019.
• Kelson’s Position:
  • Interest from July 9, 2020, at 0.5% per annum.
• Decision:
  • Pre-judgment interest fixed from July 9, 2020, at 0.5% per annum.

Successful Party:

• A. Amar and Associates Ltd. won its contract claim against Geo A. Kelson Company Limited.
• Geo A. Kelson Company Limited successfully defended against Sjostrom Sheet Metal Ltd.'s claims.

Final Orders:

• Sjostrom to Kelson: $123,270.92 in costs and disbursements.
• Kelson to Amar: $173,025.17 in costs and disbursements.