Sayward Investments Inc. v Da Silva
SAYWARD INVESTMENTS INC.
Law Firm / Organization
Chaitons LLP
VILSON MARCIANA DA SILVA
Law Firm / Organization
Sutherland Law
Lawyer(s)

MATTHEW KERSTEN

DAENN MONTEIRO LOUREIRO
Law Firm / Organization
Sutherland Law
Lawyer(s)

MATTHEW KERSTEN

LEBLON CARPENTRY INC.
Law Firm / Organization
Sutherland Law
Lawyer(s)

MATTHEW KERSTEN

Overview:

  • This case involved disputes over unpaid loans, breach of contract, and allegations of conspiracy and oppression.

Key Findings:

  1. 2019 Loan Breach:

    • Da Silva, Loureiro, and Leblon Carpentry breached the 2019 loan agreement by failing to repay the full amount.
    • Damages awarded: $38,909.29 plus statutory interest.
  2. 2020 Loan:

    • The $300,000 advance in 2020 was deemed a loan, not a joint venture.
    • Only Da Silva and Leblon Carpentry were parties to this loan, and it was unsecured.
    • Damages awarded: $203,735.20, comprising unpaid principal and profit shares, plus statutory interest.
  3. Drywall Contract:

    • The contract between InSite and Leblon Drywall included labor, metal framing, insulation, and taping.
    • The agreed price was $1,330,742 (inclusive of taxes). Leblon Drywall was overpaid ($1,617,119.54) and suffered no losses.
    • The contract was mutually terminated in April 2020, with no further claims by either party.
  4. Lien Exaggeration and Deficiencies:

    • The lien filed by Leblon Drywall was deemed out of time and exaggerated.
    • Nicolini’s claims for overpayments and deficiencies were barred due to the mutual termination agreement.
  5. Conspiracy and Oppression:

    • Da Silva’s lien filing was not found to be intentionally injurious toward InSite or part of a conspiracy.
    • InSite’s oppression claim failed as it wasn’t a "complainant" under the applicable corporate laws.

Outcome:

The court resolved most claims in favor of Sayward Investments Inc., awarding damages for the unpaid loans but rejecting claims related to deficiencies, exaggerated liens, and conspiracy. Costs discussions were left to the parties, with submissions due in January 2025.

Superior Court of Justice - Ontario
CV-20-1448
Corporate & commercial law
$ 242,644
Plaintiff