Insite Construction Management Inc. v. Da Silva
INSITE CONSTRUCTION MANAGEMENT INC.
Law Firm / Organization
Chaitons LLP
Lawyer(s)

Stephen Schwartz

VILSON DA SILVA et al.
Law Firm / Organization
Sutherland Law

Facts: Insite Construction Management Inc. initiated a lawsuit against Vilson Da Silva, Leblon Drywall Inc., and Leblon Carpentry Inc., seeking $1,202,640.09 plus punitive damages for alleged misconduct related to a lien and other contractual issues. This case is part of multiple legal actions involving these parties and their associated companies.

Issues: The court needed to address whether this action should be dismissed or stayed due to similar ongoing proceedings, specifically the Barrie Action and the Brampton Lien Action.

Court's Ruling:

  • The court found that the claims in this action were not duplicative of those in the other proceedings and were not subject to res judicata or issue estoppel.
  • The claims against Mr. Da Silva and Leblon Drywall were allowed to proceed, recognizing their distinct nature and factual underpinnings.
  • However, claims against Leblon Carpentry were dismissed, lacking factual basis and relevance to the lien issue.

Costs/Damages: The court's decision on costs was reserved, with directions for the parties to submit written cost submissions within specified deadlines, reflecting the mixed success of the motion and the ongoing litigation complexities.

Superior Court of Justice - Ontario
CV-22-00001933-0000
Civil litigation
Plaintiff