Case information
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41673
Arcamm Electrical Services Ltd. v. Avison Young Real Estate Management Services LP, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-10-28 | Discontinuance of the appeal, (Letter Form), (Printed version due on 2025-11-04) | Arcamm Electrical Services Ltd. |
| 2025-08-29 | Notice of appeal, (Letter Form), Completed on: 2025-09-02, (Printed version filed on 2025-08-29) | Arcamm Electrical Services Ltd. |
| 2025-07-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-07-17 | Judgment on leave sent to the parties | |
| 2025-07-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-0602, 2024 ONCA 925, dated December 19, 2024, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2025-06-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-09 | Lower court order - e-filing, COA-23-CV-0602 | Arcamm Electrical Services Ltd. |
| 2025-03-19 | Notice of name, (Printed version filed on 2025-03-27) | 4342 Queen St. Niagara Holdings Inc. |
| 2025-03-19 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-03-27) | 4342 Queen St. Niagara Holdings Inc. |
| 2025-03-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-03-21, (Printed version filed on 2025-03-27) | 4342 Queen St. Niagara Holdings Inc. |
| 2025-03-04 | Correspondence received from, CA Order form | Arcamm Electrical Services Ltd. |
| 2025-02-17 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File Opened | |
| 2025-02-14 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-02-14) | Arcamm Electrical Services Ltd. |
| 2025-02-14 | Notice of name, (Printed version filed on 2025-02-14) | Arcamm Electrical Services Ltd. |
| 2025-02-14 |
Application for leave to appeal, (Book Form), Missing: - CA orders (Rec 05-09-2025), Completed on: 2025-05-09, (Printed version filed on 2025-02-14) |
Arcamm Electrical Services Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Arcamm Electrical Services Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Avison Young Real Estate Management Services LP | Respondent | Active |
| 4342 Queen St. Niagara Holdings Inc. | Respondent | Active |
Counsel
Party: Arcamm Electrical Services Ltd.
Counsel
Broghan Masters
65 Queen Street West, Suite 1000
Toronto, Ontario
M5H 2M5
Telephone: (416) 304-9899
FAX: (416) 800-1453
Email: michael@rousseaumazzuca.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Avison Young Real Estate Management Services LP
Counsel
Frank Costantini
401 Bay Street
Suite 2500, P.O. Box 25
Toronto, Ontario
M5H 2Y4
Telephone: (416) 366-4555
Email: roderic.mclauchlan@clydeco.com
Party: 4342 Queen St. Niagara Holdings Inc.
Counsel
Jeffrey Kaufman
15 Prince Arthur Ave., Suite 200
Toronto, Ontario
M5R 1B2
Telephone: (416) 795-5166
Email: brad@kaufman.law
Summary
Keywords
Contracts — Contract for service — Damages — Summary judgment — Whether damages in breach of contract actions can be apportioned based on a defence of contributory fault — Degree of deference owed to summary judgments and how appellate courts reviewing summary judgments should apply proportionality principle and balance principles of finality, efficiency and access to justice?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
4342 Queen St. Niagara Holdings Inc. owns commercial property and Avison Young Real Estate Management Services LP is its property manager. Following a power outage at the property, Arcamm Electrical Services Ltd. provided emergency services to temporarily restore power and then further services to permanently restore power. 4342 Queen St. Niagara Holdings Inc. paid Arcamm Electrical Services Ltd.’s invoices for the emergency services but refused to pay any further invoices. Arcamm Electrical Services Ltd. commenced a claim for breach of contract. 4342 Queen St. Niagara Holdings Inc. claimed contributory fault and sought an apportionment of damages. Arcamm Electrical Services Ltd. was awarded summary judgment without any apportionment. The Court of Appeal allowed an appeal and set aside the summary judgment in part. It held the claim against Queen St. Niagara Holdings Inc. should proceed to trial and Arcamm Electrical Services Ltd. can seek apportionment based on the alleged contributory fault.
Lower court rulings
Motion for summary judgment granted in part; 4342 Queen St. Niagara Holdings Inc. ordered to pay $1,250,034.01 plus interest to Arcamm Electrical Services Ltd.; Claim against Avison Young Real Estate Management Services LP dismissed
Appeal allowed and summary judgment set aside in part; Dismissal of claim against Avison Young Real Estate Management Services LP not set aside; Action against 4342 Queen St. Niagara Holdings Inc. ordered to proceed to trial, jointly or concurrently with related collateral action
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available