The Ontario Court of Appeal overturned a summary judgment that had awarded Arcamm Electrical Services Ltd. nearly $1 million for unpaid invoices.
The court found that Queen St. Niagara Holdings Inc. (Queen) raised a legitimate contributory fault defense, arguing that Arcamm’s negligence contributed to damages.
The motion judge erred by not addressing this defense and by failing to consider potential inconsistent findings with a related subrogated claim.
The court set aside the judgment and ordered that the case proceed to trial with the subrogated claim.
Arcamm was ordered to pay Queen’s legal costs of the appeal, fixed at $40,000?.
2025 ONCA 84
This decision addressed the costs of the underlying summary judgment motion.
Queen sought $47,660 in costs for its successful appeal of the summary judgment.
Arcamm argued that the costs should be reduced or deferred to trial, but the court rejected this.
The court upheld a prior costs order requiring Queen to pay Avison Young’s legal costs of $46,000.
The court ordered Arcamm to pay Queen $47,660 in costs for the summary judgment motion?.
Outcome
The summary judgment in favor of Arcamm was overturned.
The case will proceed to trial.
Arcamm must pay Queen a total of $87,660 in legal costs from both the appeal and the summary judgment motion.
