Tucci (M.) Construction Ltd. v. Lockwood et al., (2002) 163 O.A.C. 190 (CA)

• Judge: Rosenberg, Feldman and Sharpe, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: February 06, 2002
• Jurisdiction: Ontario
• Citations: (2002), 163 O.A.C. 190 (CA)

Tucci Constr. Ltd. v. Lockwood (2002), 163 O.A.C. 190 (CA)

MLB headnote and full text

Temp. Cite: [2002] O.A.C. TBEd. MR.058

M. Tucci Construction Ltd. (plaintiff/respondent) v. Michael Lockwood, Rosemary Lockwood (defendants/appellants) and John Groscki (defendants)

(C34779)

Indexed As: Tucci (M.) Construction Ltd. v. Lockwood et al.

Ontario Court of Appeal

Rosenberg, Feldman and Sharpe, JJ.A.

February 6, 2002.

Summary:

The plaintiff, a construction company, sued its accountant for damages for negligent misrepresentation and breach of fiduciary obligation. The construction company also sued the present "proprietors" of a motel and restaurant for the balance of an unpaid construction account at the motel, as well as for the return of monies "contributed" by the construction company to the motel expansion project in 1991. One of the major issues raised was the nature of the relationship between the present proprietors and the construction company.

The Ontario Superior Court, in a decision reported [2000] O.T.C. 551, held, inter alia, that the construction company was a creditor of the proprietors in relation to a payment of $100,000 into the motel expansion project (i.e., this was a debtor creditor relationship as opposed to a partnership relationship). The proprietors appealed.

The Ontario Court of Appeal dismissed the appeal.

Counsel:

David A. Morin, for the appellants;

No other counsel listed.

This appeal was heard before Rosenberg, Feldman and Sharpe, JJ.A., of the Ontario Court of Appeal. The following decision was endorsed on the appeal record by the court and released on February 6, 2002.