The case Conquest Steel Inc. v. Polar Racking Inc., 2024 ONSC 5029, deals with a motion for summary judgment filed by Conquest Steel Inc. (plaintiff) against Polar Racking Inc. (defendant) in the Ontario Superior Court of Justice. Key points are:
- Plaintiff: Conquest Steel Inc. (now known as The Roshan Group Inc., following a name change after an asset-purchase transaction).
- Defendant: Polar Racking Inc., involved in solar panel racking systems.
Summary of Claims:
- Conquest sought payment for custom-manufactured goods sold to Polar. The total claim was $195,253.54, including invoiced and uninvoiced products, lost profits, tooling costs, and storage fees.
- Polar conceded $50,207.26 for invoiced goods but disputed the rest.
Court Findings:
- Undisputed Invoices: The court granted judgment for $50,207.26, with 2% monthly interest.
- Uninvoiced Products: Conquest was awarded $27,717.54, as Polar repudiated the contract by refusing to pick up the items.
- Purchase Order No. 3126: Conquest’s claim for $31,752.48 was dismissed due to insufficient evidence of damages from Polar’s termination.
- Storage Fees: The court found Conquest was not entitled to storage fees as Polar never agreed to them.
Outcome:
- The motion was granted in part, awarding Conquest $77,924.80 (including interest on the invoiced and uninvoiced amounts). The rest of the claims were dismissed.