Plaintiffs, FactR Limited and Constructr Limited, both factoring companies, sought summary judgment for repayment of amounts loaned under two invoice factoring agreements.
Contract Defendants, R.R.I.C.H. Construction & Management Inc., 85242 Newfoundland & Labrador Inc., and Guarantor, Michael Mullet, did not contest the motion, submit evidence, or attend examinations.
Court ruled in favor of the Plaintiffs due to lack of dispute or attendance by the Defendants.
Against Roman Artemovych:
Plaintiffs alleged conversion (unauthorized alteration and cashing) of a cheque payable to them.
Court found that Artemovych converted the cheque and awarded damages to the Plaintiffs.
Key Issues:
Issue 1: Whether there was a genuine issue for trial regarding the Plaintiffs’ claims against the Contract Defendants and Guarantor.
Issue 2: Whether there was a genuine issue for trial regarding FactR’s claims against Mr. Artemovych for conversion of the cheque.
Decision:
The court granted summary judgment in favor of the Plaintiffs, as there were no genuine issues requiring a trial.
Damages Awarded: $719,705.94 (Total)
$599,582.98 against the Contract Defendants and Guarantor.
$120,122.96 against Roman Artemovych for cheque conversion, including pre-judgment interest.
Costs: $136,201 (Total)
Full indemnity costs of $90,040 against Contract Defendants and Guarantor.
Partial indemnity costs of $46,161 against Roman Artemovych.
