Pinsonneault v. Phair
MICHEL PINSONNEAULT
Law Firm / Organization
McKenzie Lake Lawyers LLP
Lawyer(s)

Alexander Verrilli

LANDSVIEW FARMS 185 INC.
Law Firm / Organization
McKenzie Lake Lawyers LLP
Lawyer(s)

Alexander Verrilli

JOHN WILLIAM PHAIR a.k.a. BILL PHAIR
Law Firm / Organization
Harrison Pensa LLP
Lawyer(s)

Thomas Masterson

PHAIR SYSTEMS 2018 LTD.
Law Firm / Organization
Harrison Pensa LLP
Lawyer(s)

Thomas Masterson

PHAIR FARM AND BUILDING SYSTEMS LTD.
Law Firm / Organization
Harrison Pensa LLP
Lawyer(s)

Thomas Masterson

Claims:

  • The plaintiffs sought recovery of funds advanced for construction work that was not completed. They claimed the defendants breached a settlement agreement made under the Farm Debt Mediation Act (FDMA) and sought damages for unjust enrichment and breach of the settlement.

Defendants’ Arguments:

  • Summary judgment was opposed on several grounds, including the statute of limitations on the unjust enrichment claim and the absence of a direct contractual relationship between the plaintiffs and one of the corporate defendants.

Court’s Findings:

  • Summary Judgment: Granted in favor of the plaintiffs based on the enforceability of the settlement agreement. The unjust enrichment claim was not adjudicated due to potential statute of limitations issues.
  • Unjust Enrichment: The court recognized a prima facie case but identified a potential limitations issue requiring a trial.
  • Settlement Agreement: The court enforced the FDMA-mediated settlement, finding that the personal defendants were bound to pay the debt.

Disposition:

  • The defendants William and Shirley Phair were ordered to pay $145,885 plus pre- and post-judgment interest at 4% per annum.
  • No judgment was made against the corporate defendants under the settlement agreement.

This decision emphasizes the enforceability of mediated settlement agreements and the limitations on unjust enrichment claims when subject to statutory deadlines.

 

Superior Court of Justice - Ontario
CV-18-1598
Civil litigation
$ 145,885
Plaintiff