2024 ONSC 6219, Nov. 8, 2024:

• Outcome: The court ruled in favor of Continental Homes Inc. for breach of contract and awarded damages of $23,279.50. Continental was also granted a lien for the same amount.
• Reasoning:
  • Chang Xin Construction fundamentally breached the subcontract by failing to pay the required deposit and wrongfully terminating the contract.
  • Continental's delays were caused by the defendants' failure to provide necessary documents (locates and survey) in a timely manner.
• Claims Denied:
  • Continental’s claim for $130,000 in lost profit and opportunities due to lack of evidence.
  • The defendants' counterclaim of $63,516.77 for damages was dismissed.

2024 ONSC 7301, Dec. 31, 2024:

• Costs:
  • Continental was awarded $20,000 in partial indemnity costs.
  • Prejudgment interest of 2% per annum, totaling $2,349.50, calculated from December 6, 2019, was awarded on the damages.
• Reasoning for Reduced Costs:
  • Limited success (recovery of $23,279.50 out of a $165,000 claim).
  • Plaintiff’s procedural delays and inadequate evidence reduced entitlement to substantial indemnity costs.

Final Outcome:

Continental Homes Inc. was awarded a total of $23,279.50 in damages and lien, $20,000 in costs, and $2,349.50 in prejudgment interest. The defendants’ counterclaim and additional defenses were fully dismissed.