Law360 Canada ( February 3, 2023, 6:21 AM EST) -- Motion by JD Design & Build Inc. (JD) seeking an order opposing the confirmation of the report of Associate Justice Wiebe, and an order directing a new reference and trial before a different associate judge. In this action, the Plaintiff claimed a lien and damages in the amount of $36,761 in relation to construction work that he and his crew did for JD on two high-rise residential towers owned by the Defendant Fred Hageman’s Holdings Limited. The principal of JD was Didiano. The Defendant Mentis was the general contractor for the project. JD and Mentis denied the Plaintiff’s claim. They also pleaded set-off and counterclaimed for damages in the amount of $104,725 for deficiency correction costs, lost income and lost equipment. The summary trial took place by videoconference. The Associate Judge released his Reasons for Judgment. He held that the Plaintiff had a lien in the amount of $35,643 and a personal judgment for contract damages in the same amount as against JD. He dismissed the counterclaim. The Associate Judge’s Reasons for Judgment contained detailed findings of credibility. Conversely, he found that the credibility of most of the witnesses called by the Defendants was problematic....