Key Points
- Nature of Case: The plaintiff, 1965788 Ontario Inc. (Tech Tap Mechanical), provided services (plumbing, HVAC, sprinklers) for a construction project. They sued for unpaid invoices and holdback funds.
- Claims:
- Unpaid amounts from the subcontractor, 10654825 Canada Inc. (A&H Construction).
- Holdback amounts from the owner, Beer Nails Spa Inc.
Proceedings
- Defendants' Response:
- A&H Construction: Did not respond or attend the case conference.
- Beer Nails Spa Inc.: Settled by paying $13,000 from the holdback.
- Bank of Montreal: Had a waiver of defense pending resolution between the owner and contractor.
Court Findings
- Default Judgment: The failure of A&H Construction to respond led to a motion for default judgment.
- Liability: Established based on deemed admissions from the statement of claim and supporting evidence:
- A&H Construction retained Tech Tap Mechanical.
- Tech Tap Mechanical completed the work.
- A&H Construction failed to pay the full amount, leaving $33,956.50 outstanding.
- Damages: Determined to be $20,956.50 after accounting for the $13,000 settlement payment from Beer Nails Spa Inc.
Costs Awarded
- Fees: $11,200
- Disbursements: $880.42
- Total: $12,080.42
- The court found these costs to be fair, reasonable, and within the defendant’s reasonable contemplation.
Total Monetary Award/Costs/Damages Granted/Ordered
- Damages: $20,956.50
- Costs for Fees: $11,200
- Disbursements: $880.42
- Total Monetary Award: $33,036.92
Conclusion: The court granted judgment in favor of 1965788 Ontario Inc. (Tech Tap Mechanical) for the remaining amount of $20,956.50, plus costs totaling $12,080.42.
