25 May 2023
Normar Drywall v 4241258 Canada Inc o/a Laurin General Contractor and Dennis Laurin
In the case of Normar Drywall v 4241258 Canada Inc o/a Laurin General Contractor and Dennis Laurin dated May 25, 2023, the moving party, Defendants 4241258 Canada operating as Laurin General Contractor and Dennis Laurin (collectively referred to as "Laurin"), had filed a motion for summary judgment. They argued that the action brought against them by the Plaintiff, Normar, was statute barred according to ss. 4 and 5 of the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B (“the Act”).
The present litigation involved Normar seeking damages of $361,674.19 from Laurin for either breach of contract (alleged non-payment of invoices) or damages in the same amount for breach of trust, unjust enrichment, and breach of s. 241 of the Canada Business Corporations Act, R.S.C. 1985. c. C-44, as amended.
The underlying contract between Normar and Laurin had been for work on the MCC Project at 1021 Thomas Spratt Place in Ottawa, valued at $850,000.00 plus H.S.T.
The court had determined that the question of whether Normar missed the limitation periods could be resolved through summary judgment, without the need for a trial. Based on accepted facts, it had been concluded that Normar filed its claim well beyond the limitation period, resulting in the dismissal of the claim.
In conclusion, the court had ruled in favor of the Defendants, Laurin, dismissing Normar's claims due to their failure to file within the prescribed limitation period.