What is the test for proving time and material costs?

Ontario, Canada


The following excerpt is from Smith v. Rzasa, 2003 CanLII 11743 (ON SC):

That being so, the onus is on the plaintiff to prove his material and labour costs with reasonable certainty. I agree with the reasons expressed in G.T. Parmenter Construction Limited v. Sanders [1947] O.W.N. 539, where it was held that a contractor seeking to recover on a time and material basis must strictly prove the labour costs as there is no manner in which they can be checked except through the evidence presented by him.

Other Questions


Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
Is a condominium unit owner liable for the cost of repair costs incurred by the condominium corporation as a result of poor maintenance of the fixtures in the unit? (Ontario, Canada)
What is the burden of proving a material change in circumstances? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity and cost of costs for breach of trust and misrepresentation? (Ontario, Canada)
Does a losing party have to file a bill of costs if they are not seeking costs? (Ontario, Canada)
If costs cannot be agreed upon by counsel for the Respondent and the Applicant in a personal injury action, what is the date for costs? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
Does the City have to ask for costs in its notice of motion material? (Ontario, Canada)
Is there any material change on the basis that the applicant has suffered a material change connected with his desire to retire? (Ontario, Canada)
If the parties cannot agree on costs, can they agree to pay the costs of a claim against Jevco Insurance Company? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.