JonesCo Contracting Incorporated v. Caldwell

canada, canadian, case law, court opinion, canlii, nsca, 2026nsca53, 2026 nsca 53 (canlii), 2026, nsca, 53, (canlii), ca 547923, 2026, contracts, building contract, new home construction, extras and allowances, whether contract allowed charges beyond infill allowance without consent, clauses 8 (changes) and 9 (extras) read with schedule “a” allowances, commercial reasonableness and avoiding rendering terms meaningless, advance notice and agreement to cost required, change order alleviated only, appeal dismissed with costs, procedure, summary judgment, civil procedure rule 13.04, whether there was a genuine issue of material fact, shannex inc. v. dora construction ltd. five sequential questions applied, disputed contractual interpretations treated as questions of law, not material facts, irrelevant pleaded disputes not engaged by the motion, appeal dismissed with costs, procedure, summary judgment, “real chance of success”, whether the contractual defence had a real chance of success, burton canada company v. coady and “arguable and realistic” standard, contractual interpretation assessed on undisputed facts and factual matrix, defence found commercially unreasonable and inconsistent with clause 9’s “relayed to buyer prior to commencement” language, appeal dismissed with costs, evidence, summary judgment record, inferences and “best foot forward”, whether evidence supported findings on notice and knowledge, inferences drawn from undisputed subcontractor invoices and affidavit evidence, bald assertions and self, serving affidavit insufficient to create a genuine issue, no request to adjourn for further disclosure under rule 13.04(6)(b), appeal dismissed with costs