Ontario Civil


Performance and breach
Ample support for finding that township entitled to rely upon written waiver in full defence to claim

Township made request for tender prices for construction of new runway, and rehabilitation of existing runway, at airport. Plaintiff T Ltd. entered into contract with township, which included waiver providing that T Ltd. would not seek any compensation for work identified but not completed. Township failed to proceed with contract. T Ltd. brought action for damages. Motion judge granted township’s motion for summary judgment dismissing action. T Ltd. appealed. Appeal dismissed. There was ample support for motion judge’s finding that township was entitled to rely upon written waiver in full defence to claim. T Ltd. did not identify any error of law, or palpable and overriding error of fact, in motion judge’s application of waiver clause in granting summary judgment.

Todd Brothers Contracting Ltd. v. Algonquin Highlands (Township) (Nov. 3, 2015, Ont. C.A., K. Feldman J.A., P. Lauwers J.A., and M.L. Benotto J.A., File No. CA C60276) Decision at 252 A.C.W.S. (3d) 64 was affirmed.  259 A.C.W.S. (3d) 677.

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