Background

• Plaintiff: GTA Fill Earthworks Inc. (GTA) is a brokerage company involved in hauling, trucking, and soil dumping services.
• Defendants: Anthony Ulbrick and 2611635 Ontario Corporation.
• GTA filed a lawsuit against the defendants for breach of verbal agreements, non-payment of invoices, and unjust enrichment.

Key Agreements & Breaches

1. Davan Group Project: GTA subcontracted with Ulbrick for soil dumping services. GTA paid Ulbrick $40,325, expecting him to pay 3G Trucking Ltd. However, Ulbrick failed to pay 3G, leading GTA to settle directly with 3G for $40,000.

2. Patricia Project: GTA partnered with Ulbrick to secure prompt payment for services rendered to ORIN/RONI Contractors. Instead of submitting GTA's invoices, Ulbrick issued fraudulent invoices under his own corporation’s name, receiving $31,176.70 from RONI.

3. Additional Invoices: For other projects, GTA issued invoices to be submitted by Ulbrick. Despite assurances, GTA was not paid for $49,284.85 worth of services.

4. McCowan Project: Ulbrick was paid a commission to secure a dumpsite, but the site closed early, resulting in an overpayment of $3,480, which he did not refund.

Court Findings

• Defendants did not defend the case and were noted in default, leading to a half-day trial.
• Liability:
  • Ulbrick was found liable for the full amount claimed by GTA ($111,941.65).
  • The corporation was found jointly liable with Ulbrick for $31,176.70 related to the Patricia Project due to unjust enrichment.
• Punitive Damages: Awarded $25,000 for deliberate misconduct, particularly regarding the fraudulent invoicing scheme.
• Costs: Defendants were ordered to pay an additional $30,000 in legal costs to GTA.

Final Judgment (Total award):

• Damages: $111,941.65 (Ulbrick), $31,176.70 (jointly with the corporation)
• Punitive Damages: $25,000
• Costs: $30,000