Emile Labby Trucking Ltd. v Option Inc., 2014 ABQB 248

Emile Labby Trucking Ltd (Plaintiff), entered into an oral agreement to supply fill materials for a school construction site. The Defendant only paid for the amount of fill material that they thought was requested. The Defendant admitted that they did not provide the Plaintiff with documentation on the fill "cap". Acted for the Plaintiff, filed a Statement of Claim, and an application of Summary Judgment was started after the Statement of Defence. Counsel for the defendant cross-examined the defendant, showing that the Defendant was attempting to convert his initial request for fill into a cap. Plaintiff was entitled to judgement for unpaid balances of invoices.