Arcamm Electrical Services Ltd. v. Avison Young Real Estate Management Services LP
Avison Young Real Estate Management Services LP
Law Firm / Organization
Not Specified
4342 Queen St. Niagara Holdings Inc.
Law Firm / Organization
Kaufman Law
Arcamm Electrical Services Ltd.
Law Firm / Organization
Rousseau Mazzuca LLP

2024 ONCA 925

  • 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.
Court of Appeal for Ontario
COA-23-CV-0602
Civil litigation
$ 87,660
Appellant