What is the standard of proof required for a construction company to prove its claim for breach of contract?
Ontario, Canada
The following excerpt is from 1022403 Ontario Ltd. v. Man-Shield (NWO) Construction Inc. et al., 2018 ONSC 168 (CanLII):
The plaintiff relies on 9071-5392 Quebec Inc./Construction Phoenix v. Anthanasios Katsoulis, 2007 CanLII 23025 (ONSC) as to the standard of proof required. In Phoenix, the court was frustrated in its assessment of damages by the failure of the parties to introduce business records, invoices, receipts for payments made, copies of cheques given, or expert opinion on the cost to complete (para. 55).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current state of the law on liability for breach of contract where a third party has been found to have breached the contract? (Ontario, Canada)
Can a director of a limited company sue for breach of contract for tortious conduct against the director of the company? (Ontario, Canada)
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
Can an employer in a contract of services claim from the contractor on the ground of breach of contract damages? (Ontario, Canada)
How have courts dealt with a breach of a contract of suretyship under seal where a principal has been found to have breached the contract? (Ontario, Canada)
What is the standard of proof required to prove compliance with the provisions of the Criminal Code Act? (Ontario, Canada)
In what circumstances will a construction contractor be required to make progress payments to a contractor during the construction of a project? (Ontario, Canada)
Is there any case law in which a plaintiff can claim damages for loss of income as a result of a breach of contract? (Ontario, Canada)
When a director is on the board of each of two contracting companies, each of which is a majority shareholder in each of the companies, can the director of both be bound by the inflexible rule of equity? (Ontario, Canada)
What is the burden of proving a breach of contract? (Ontario, Canada)
