What is the standard of proof required for a construction company to prove its claim for breach of contract?
Ontario, Canada
The following excerpt is from 1022403 Ontario Ltd. v. Man-Shield (NWO) Construction Inc. et al., 2018 ONSC 168 (CanLII):
The plaintiff relies on 9071-5392 Quebec Inc./Construction Phoenix v. Anthanasios Katsoulis, 2007 CanLII 23025 (ONSC) as to the standard of proof required. In Phoenix, the court was frustrated in its assessment of damages by the failure of the parties to introduce business records, invoices, receipts for payments made, copies of cheques given, or expert opinion on the cost to complete (para. 55).
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