1. Case Name:
City Water International Inc. v. Warner's Automotive
Repair Ltd.
Between
City Water International Inc., Plaintiff, and
Warner's Automotive Repair Ltd. and Trevor Warner,
Defendants
[2013] O.J. No. 6346
Court File No. SC-11-000120584-0000
Ontario Superior Court of Justice
Small Claims Court - Toronto, Ontario
C.M. Buie Deputy J.
Heard: November 18, 2013.
Oral judgment: November 18, 2013.
(13 paras.)
Counsel:
M. Riddell, On Behalf of the Plaintiff.
T. Warner, On Behalf of the Defendants.
REASONS FOR JUDGMENT
1 C.M. BUIE DEPUTY J. (orally):-- So, in this matter, City Water International Inc. v. Warner's
Automotive Repair Ltd. and Trevor Warner, Mr. Warner has testified that he's always had a limited
company. The claim has been started by the plaintiff as Warner's Automotive Repair Ltd. The
contract has Warner's, but again, Automotive and then it's not filled out and then it's "owner" and
then he signs. I find Exhibit 7, which the plaintiff was relying upon, was a corporate search, but the
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2. corporate search was Warner Automotive Repair and I was advised that the notes within the
corporate system showed Warner's Automotive Repair Ltd., which is why the claim was issued. I
accept the testimony of Mr. Trevor that he's always had a limited company.
2 However, whilst I find there is no liability on Mr. Warner's part, as he did not personally
guarantee any contracts, I do not find that the corporation has a valid defence. I accept the
submissions put forward by Mr. Riddell, who was very positive, who has actually done a very good
job and his manner in court, the court was impressed. However, he was building his case upon what
his colleagues had given him and while I find that I accept his argument with respect to the
corporation, I accept the testimony of the witness, Mr. Adamrisanz, who I found to be credible.
3 There shall be judgment in the amount of the arrears. It is not acceptable to have a water cooler
for X years and then make a decision that it needs to be moved, based on complaints of customers.
One would have thought that would have come at the beginning of the contract, which was, I
believe, '08, not in 2011 after there had been numerous service calls, which has been set out in the
various exhibits.
4 I find there is judgment in the amount of 608.67 as against Warner's Automotive Repair Ltd.
There are costs fixed at $500 against the said corporate defendant and disbursements are fixed at
$400 against the said corporate defendant.
5 While I dismiss the claim against Mr. Trevor, no costs shall be awarded to him.
6 I've also ordered that any garnishments as against Trevor Warner are set aside and the monies
in court in the amount of 177.26 are to be returned to Trevor Warner and you'll have to arrange for
that, sir, I don't know how one does that.
7 Please kindly give back the offer to settle to Mr. Riddell, as well as one copy for him, just one,
sir, or do you want more than one? Mr. Riddell?
8 MR. RIDDELL: Of what, sorry?
9 THE COURT: The order, the endorsement record?
10 MR. RIDDELL: One.
11 THE COURT: And Mr. Warner, just one?
12 MR. WARNER: Yes.
13 THE COURT: All right, so Mr. Reporter will fetch you that.
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