Firstonsite Restoration Limited v. 4049 River Road GP Inc.

Firstonsite Restoration Limited v. 4049 River Road GP Inc.

The motion judge properly concluded there was no genuine issue requiring a trial because the respondent produced detailed documentary proof of the contract performance and amounts (receipts, invoices, timesheets) and the amounts had been audited and adjusted; the appellants failed to cross-examine or otherwise adduce evidence sufficient to raise a genuine issue, and the Court of Appeal therefore dismissed the appeal and affirmed summary judgment and the award of costs.

Citation
2019 ONCA 1007
Parties
Plaintiff (respondent): Firstonsite Restoration Limited; Defendant (appellant): 4049 River Road GP Inc.; Defendant (appellant): 4049 River Road LP; Defendant (appellant): Debbie Bush; Defendant (appellant): Andrezej Kenpnski; Defendant (appellant): Hunter Milborne
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
19 December 2019
Procedural Posture
Civil Appeal From Superior Court / Court of Appeal Decision Affirming Summary Judgment
Outcome
Appeal dismissed; summary judgment for respondent affirmed; costs awarded to respondent.
Legal Topics
Summary Judgment, Quantum of Damages, Contract Performance, Costs, Appellate Review
Source Language
English
Civil Contract Debt Collection Insurance Law Procedural Law Summary Judgment Quantum of Damages Contract Performance +2 more

Case Brief

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Parties

Firstonsite Restoration Limited

Plaintiff (respondent)

4049 River Road GP Inc.

Defendant (appellant)

4049 River Road LP

Defendant (appellant)

Debbie Bush

Defendant (appellant)

Andrezej Kenpnski

Defendant (appellant)

Hunter Milborne

Defendant (appellant)

Procedural Posture

Civil Appeal From Superior Court / Court of Appeal Decision Affirming Summary Judgment

Legal Issues

  1. 1 Whether there was a genuine issue requiring a trial concerning the amount owing under invoices for demolition and clean-up work
  2. 2 Whether the motion judge erred in accepting the respondent's evidentiary record supporting the invoices
  3. 3 Whether the respondent was entitled to costs

Ratio Decidendi

The motion judge properly concluded there was no genuine issue requiring a trial because the respondent produced detailed documentary proof of the contract performance and amounts (receipts, invoices, timesheets) and the amounts had been audited and adjusted; the appellants failed to cross-examine or otherwise adduce evidence sufficient to raise a genuine issue, and the Court of Appeal therefore dismissed the appeal and affirmed summary judgment and the award of costs.

Court Disposition

Appeal dismissed; summary judgment for respondent affirmed; costs awarded to respondent.

Orders

  • Appeal dismissed
  • Summary judgment for payment of the respondent's invoices upheld