Elite Construction Inc. v. Canada (Attorney General)

Elite Construction Inc. v. Canada (Attorney General)

The appeal was dismissed because the motion judge properly concluded on the record that the essential facts were agreed so summary judgment was appropriate, the appellant failed to provide contractual notice or a Notice of Dispute and did not prove waiver of those contractual requirements, and equitable claims were...

Source-derived case information.

Citation
2021 ONCA 803
Parties
Plaintiff (appellant): Elite Construction Inc.; Defendant (respondent): The Attorney General of Canada (representing Public Works and Government Services Canada)
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
9 November 2021
Procedural Posture
Collection (civil) / Appeal From Summary Judgment (court of Appeal)
Outcome
Appeal dismissed; summary judgment of the motion judge upheld.
Legal Topics
Summary Judgment, Waiver, Notice Requirements, Quantum Meruit, Unjust Enrichment, Change Orders, Contract Interpretation
Source Language
english
Contract Law Equity Civil Procedure Construction Law Summary Judgment Waiver Notice Requirements Quantum Meruit +3 more

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Parties

Elite Construction Inc.

Plaintiff (appellant)

The Attorney General of Canada (representing Public Works and Government Services Canada)

Defendant (respondent)

Procedural Posture

Collection (civil) / Appeal From Summary Judgment (court of Appeal)

Legal Issues

  1. 1 Whether summary judgment was appropriate given alleged factual disputes
  2. 2 Whether the respondent waived contractual notice requirements
  3. 3 Whether equitable remedies (quantum meruit, unjust enrichment) are available where a contract governs the parties' relationship

Ratio Decidendi

The appeal was dismissed because the motion judge properly concluded on the record that the essential facts were agreed so summary judgment was appropriate, the appellant failed to provide contractual notice or a Notice of Dispute and did not prove waiver of those contractual requirements, and equitable claims were barred by the existing contractual framework; accordingly no outstanding balances were owing and costs were awarded to the respondent.

Court Disposition

Appeal dismissed; summary judgment of the motion judge upheld.

Orders

  • Appeal dismissed
  • Respondent awarded costs of the appeal in the agreed amount of $16,000 inclusive of disbursements and HST