Condos vs contractors

Precision Tree Care Ltd. vs PCC No. 507
Superior Court of Justice—Ontario
Cout File No: CV-18-733-00
Before:   Lemon J.
Date: 28 September 2018

This is a construction lien action against PCC 507 and its property management firm, Larlyn Property Management.

Precision claims $163,369.75 for tree trimming anr removal services provided to PCC 507. On 15 September 2017, Precision gave an estimate stating that the work would cost $11,780.25.

Precision claims that the difference between the estimate and the invoice was authorized by the property manager and states that Larlyn constantly changed and added to the scope of work.

However, Larlyn denies giving any such authorization. What complicates things is that the property manager no longer works for Larlyn.

On 18 January 2018, PCC 507 hired an independent arborist to review the work that was done. That expert valued the work already completed by Precision at $2,000 and the work remaining to be completed at $4,650, plus tax.

PCC No. 507, moves for security for costs to be paid by Precision Tree Care Ltd.

Precision says that if it is required to pay any security for costs, it will not be able to continue to pursue its claim.

The judge found Precision to be impecunious and its case is not plainly devoid of merit. Accordingly, he was not persuaded to order security for costs and the motion was dismissed.

If costs cannot be agreed upon, ­­­Precision shall provide its costs submissions within the next 15 days. The defendants shall provide their response within 15 days thereafter. No reply submissions shall be filed unless I request them.

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