Facts of the Case:

• Electricon provided electrical services and materials for a new restaurant build-out for Motorino in Toronto.
• A dispute arose regarding whether the parties had a formal contract, the agreed scope of work, and the price. Electricon claims it was not fully paid, while Motorino claims there were deficiencies and incomplete work.
• Electricon filed a lien for $85,031.60, though only $38,500 had been paid by Motorino.

Key Legal Issues:

1. Was there a valid contract between the parties?
2. Did the parties agree on the scope of work, price, and completion date?
3. Are the changes and extras claimed by Electricon recoverable?
4. Did Motorino prove any deficiencies or incomplete work by Electricon?
5. Who breached the contract?

Court Findings:

• A contract existed based on Electricon’s estimate, which Motorino implicitly accepted, though there was room to revisit the price later.
• Motorino did not provide evidence to support its claims of incomplete or deficient work.
• Motorino breached the contract by ceasing payments.
• Electricon’s lien, filed for $66,307.50, was upheld as valid and timely.

Outcome:

• Judgment in favor of Electricon for $66,307.50, plus pre-judgment interest.
• Motorino’s bankruptcy may impact the final cost proceedings.