20 Apr 2023
1778133 Ontario Inc. v. Laurin Contracting Ltd.
In the case of 1778133 Ontario Inc. v. Laurin Contracting Ltd., dated April 20, 2023, the plaintiff, 1778133 Ontario Inc., operating as Ryan's Maintenance Inc. ("RMI"), had sought to amend its Statement of Claim against the defendant, Laurin Contracting Ltd. ("Laurin"). The background had revealed that RMI, which provided contracting services, and Laurin, a general contractor, had entered into a subcontractor agreement for a project. The original claim, filed in August 2018, had stated that Laurin owed RMI $1,366,410.00 for outstanding contract items and extras related to the project.
The court had reviewed the proposed amendments based on legal principles. It had deemed the amendments regarding improper backcharges and misrepresentations as valid, as they hadn't introduced new causes of action but had added clarity and particulars. However, the proposed amendment related to interest rates on overdue amounts had been considered a new claim outside the limitation period and had thus not been permitted.
In conclusion, RMI had been permitted to amend its Statement of Claim to correct the Defendant's name and clarify certain aspects of its claims, while a proposed interest-related amendment had been denied due to statute-barred limitations. The court had encouraged the parties to establish a proceeding timetable and address costs if necessary.