Ontario Civil

Civil Procedure

Defendant always assumed dealing with sole proprietor

Couple constructed home for family residence and showcase home. Couple engaged plaintiff to do tile installation. September 2001 contract totalled $24,056, including GST. Defendant paid $13,000 on account of original contract. Plaintiff alleged defendants added extras of $10,842. Plaintiff filed construction lien claim for balance owing. Claim filed by corporation. Defendants counterclaimed for defective workmanship. Defendants denied any extras, and alleged $13,000 paid exceeded value of defective work. Defendants’ position all arrangements with contractor personally, not corporation. Plaintiff sought leave for corporation to continue proceeding under s. 7(1) of Business Names Act (Ont.). Leave under Act denied. Plaintiff led no evidence as to s. 7(2)(a) and (c). Defendant misled as to status of plaintiff. Defendant always assumed that dealing with a sole proprietor. Defendant denied receiving documentation identifying corporation. Plaintiff led no evidence of alleged documentation. Plaintiff’s claim dismissed.

World Stone & Tile Inc. v. Ezekiel (Oct. 5, 2012, Ont. S.C.J., McIsaac J., File No. CV-08-0340) 222 A.C.W.S. (3d) 643.

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