The case 1361556 Alberta Ltd v. Ristorante Cosa Nostra Inc. (2023 ABKB 590), involves two legal actions related to the failed development of an upscale Italian restaurant in Fort McMurray, Alberta between 2014 and 2016. The case consolidates the claims of 1361556 Alberta Ltd and Designs by Marlynn Ltd against the defendants, Ristorante Cosa Nostra Inc., Haxton Holdings Ltd., and related parties.
Key Points:
- 1361556 Alberta Ltd acted as the project coordinator for the restaurant's construction and claimed $153,000 in unpaid fees.
- Designs by Marlynn Ltd sought $84,455.92 for design services provided during the project.
- Ristorante Cosa Nostra Inc. was the restaurant entity, owned by Mark Hobson, while Haxton Holdings Ltd., owned by Keith Haxton, financed the project and owned the property.
- Cosa Nostra and Hobson did not file defenses, leaving Haxton and his company to respond to the claims.
- The claims were complicated by the absence of formal contracts and the financial failure of the restaurant.
- Both 1361556 and Designs by Marlynn tried to recover outstanding fees through unjust enrichment claims and builders' liens, primarily targeting Haxton Holdings.
- Ultimately, both claims were dismissed, with the court finding insufficient evidence of a contractual relationship or unjust enrichment against Haxton Holdings, and the builders' liens were deemed invalid due to procedural errors, including late filings.
No monetary award was granted.
