Matassa Contractors Ltd. v. Lake Erie Apartments Ltd., (1983) 1 O.A.C. 269 (DC)

• Judge: Osler, Steele and Eberle, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: December 19, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 269 (DC)

Matassa Contractors v. Lake Erie Apts. (1983), 1 O.A.C. 269 (DC)

MLB headnote and full text

Matassa Contractors Ltd. v. Lake Erie Apartments Ltd.

Indexed As: Matassa Contractors Ltd. v. Lake Erie Apartments Ltd.

Ontario Divisional Court

Osler, Steele and Eberle, JJ.

December 19, 1983.

Summary:

A builder claimed for the amounts due under a building contract. The trial judge awarded the builder a lien and assessed the amounts due to the builder. The owner appealed.

The Ontario Divisional Court allowed the appeal in part and reduced the judgment in favour of the builder by $22,635.

Building Contracts - Topic 2666

Payment, compensation to builder - Progress and final payments - Effect of breach by owner - An owner failed to make payments due under a building contract - The trial judge awarded the builder $20,000 by way of damages - The Ontario Divisional Court held that such an award was improper where the contract provided for interest at one per cent per month on any overdue accounts - See paragraphs 6 and 7.

Building Contracts - Topic 2826

Payment, compensation to builder - Interest on overdue payments - The Ontario Divisional Court affirmed that a builder was entitled to interest on overdue payments, notwithstanding the absence of a claim for interest by the builder in the applications for progress payments - See paragraphs 10 and 11.

Counsel:

J.I. Laskin, for the appellant;

R.M. Godard, for the respondent.

This appeal was heard by Osler, Steele and Eberle, JJ., of the Ontario Divisional Court. The judgment of the Divisional Court was delivered orally by Eberle, J., and released on December 19, 1983.