Monalt Environmental Inc. (Plaintiff) was subcontracted by BDA Inc. (Defendant) for asbestos abatement and demolition at York University's Glendon Campus.
The dispute centered on whether Monalt’s scope of work included certain demolition tasks, leading to non-payment by BDA and a subsequent construction lien by Monalt.
The court found that Monalt's scope included the disputed work, and their failure to complete it constituted a breach of contract.
Key Points:
Monalt argued that its contract was limited to specific tasks outlined in their quotes, whereas BDA contended that Monalt agreed to a broader scope of work.
The court decided that Monalt was contractually obligated to complete the disputed demolition work, based on the comprehensive language of the contract and the conduct of the parties.
BDA was justified in withholding payment due to Monalt’s incomplete work, and Monalt’s suspension of work was seen as a repudiation of the contract.
Monalt's lien was discharged, and the court directed the lien bond posted by Monalt to be returned to BDA.
Outcome:
Monalt’s action for the claim and BDA’s counterclaim were dismissed, with the court finding that both parties had a measure of divided success.
BDA was awarded costs of $20,000 inclusive of all taxes and disbursements, to be paid by Monalt.
