Delco Automation Inc. v. Carlo's Electric Limited

Delco Automation Inc. v. Carlo's Electric Limited

The Court upheld the trial judge's factual findings on contractual scope and damages (no palpable or overriding error) and dismissed CEL's appeals; however, the Court found insufficient evidence that Mr. Fornasier assented to or acquiesced in a s.8 CLA breach and allowed his appeal setting aside personal liability under s.13, and dismissed Delco's cross-appeal that the judgment against him survives bankruptcy under s.178(d) BIA.

Citation
2016 ONCA 591
Parties
Plaintiff/respondent/appellant by Cross Appeal: Delco Automation Inc.; Defendant/appellant/respondent by Cross Appeal: Carlo's Electric Limited; Defendant/appellant/respondent by Cross Appeal: Carlo Fornasier
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 July 2016
Procedural Posture
Civil Appeal (collection) / Court of Appeal Decision on Appeals From Superior Court Judgment
Outcome
Appeals of Carlo's Electric Limited dismissed; appeal of Carlo Fornasier allowed in part (judgment against him under s.13 CLA set aside); Delco's cross-appeal dismissed.
Legal Topics
Scope of Work Interpretation, Mitigation of Damages, Spoliation and Adverse Inference, Director/officer Liability, S.8 CLA Trust, S.13 CLA Personal Liability, S.178 BIA Bankruptcy Survivability, Costs
Source Language
English
Contract Law Construction Law Construction Lien Law Trusts Insolvency Law Civil Procedure Remedies and Damages Scope of Work Interpretation +7 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Delco Automation Inc.

Plaintiff/respondent/appellant by Cross Appeal

Carlo's Electric Limited

Defendant/appellant/respondent by Cross Appeal

Carlo Fornasier

Defendant/appellant/respondent by Cross Appeal

Procedural Posture

Civil Appeal (collection) / Court of Appeal Decision on Appeals From Superior Court Judgment

Legal Issues

  1. 1 Whether CEL contracted to supply and install wiring and perform outside-perimeter work on the Brampton Project
  2. 2 Whether Delco or CEL was obliged to perform termination of field devices on the Collins Bay Project
  3. 3 Whether Delco reasonably mitigated damages

Ratio Decidendi

The Court upheld the trial judge's factual findings on contractual scope and damages (no palpable or overriding error) and dismissed CEL's appeals; however, the Court found insufficient evidence that Mr. Fornasier assented to or acquiesced in a s.8 CLA breach and allowed his appeal setting aside personal liability under s.13, and dismissed Delco's cross-appeal that the judgment against him survives bankruptcy under s.178(d) BIA.

Court Disposition

Appeals of Carlo's Electric Limited dismissed; appeal of Carlo Fornasier allowed in part (judgment against him under s.13 CLA set aside); Delco's cross-appeal dismissed.

Orders

  • Dismiss CEL's appeals in both Brampton and Collins Bay actions
  • Set aside the judgment against Carlo Fornasier in the Collins Bay action (personal liability under s.13 CLA)