6 Jul 2023
1188701 Ontario Inc. v Ontario (Transportation)
Case Details: The plaintiff, 1188701 Ontario Inc., filed a motion for default judgment against the defendant, Ontario (Transportation), for an amount of $935,888.11 plus interest. This case was heard via Zoom on June 29, 2023??.
Nature of Dispute: The action arises from alleged contract breaches by the defendant against the plaintiff??.
Concerns Raised:
Service of Claim: The Notice of Action and Statement of Claim were served on the provincial Crown during the COVID-19 pandemic's peak in 2020. The Crown did not respond or defend, and the Plaintiff noted the Defendant in default as permitted under the Rules of Civil Procedure??.
Claim Amount: The plaintiff initially claimed approximately $936,000 in damages, nearly double the estimated amount of $500,000 plus $100,000 in aggravated damages stated in the claim. The court declined to grant the increased amount without notice to the defendant. The plaintiff then limited its claim to the amount stated in the Statement of Claim??.
Basis of Claim: The claim was for lost opportunities to bid on work outside the contract's scope. The court found no specific contractual provision granting the plaintiff the right to bid and perform the additional work??.
Proof of Damages: The plaintiff did not provide sufficient evidence to prove its damages, claiming the full amount of lost bids without considering associated costs. The evidence presented did not establish what would be a reasonable damage amount??.
Outcome: The motion for default judgment was dismissed without prejudice, allowing the plaintiff to refile with further and better evidence. The case need not be brought before the same judge??.