Case Overview:

• Parties Involved:
  • Plaintiffs: JCL Concrete Pumping Limited (JCL Concrete) and Ontario Trucking and Disposal Ltd. (OTD).
  • Defendants: SEMA Railway Structures Inc. (SEMA) and Metrolinx (claims against Metrolinx withdrawn).
• Dispute:
  • The case arises from a railway bridge rehabilitation project, where disputes occurred over contractual obligations and compliance with specifications for aggregate materials used.
  • Central issues include the formation and terms of contracts, breach allegations, and lien rights under Ontario's Construction Act.

Key Findings:

1. Contract Formation:

   • The court determined no contracts existed between SEMA and either JCL Concrete or OTD. SEMA believed it contracted with "JCL Group Inc.," which is unrelated to the plaintiffs.
   • Plaintiffs’ claim that the reference to JCL Group Inc. was a misnomer was rejected due to insufficient evidence.

2. Alternative Claims:

   • Plaintiffs withdrew claims in quantum meruit (unjust enrichment) before trial. Attempts to revive these claims during closing submissions were disallowed.

3. Lien Entitlement:

   • No valid liens were found under the Construction Act due to the absence of contracts or claims in quantum meruit.

4. SEMA’s Set-Off Claim:

   • SEMA’s counterclaim for expenses related to non-compliant aggregate material was dismissed, as it hinged on a contract with the plaintiffs.

Court Orders:

• Plaintiffs’ actions dismissed, liens discharged, and security posted by SEMA ordered to be returned.
• SEMA’s set-off claims also dismissed.
• No monetary award was granted to any party, and the court ordered the return of lien security to SEMA.

Procedural Notes:

• Costs submissions to be exchanged and finalized by January 2025.
• A formal report of the trial outcome is required under the Construction Act and Rules of Civil Procedure.