An 849-paragraph testament to the grinding weight of our civil justice system, the decision in Walsh Construction v. Toronto Transit Commission et al., 2024 ONSC 2782, was arrived at after a trial stretching over 19 months, and which included a combined total of 6,540 pages of affidavit evidence (not including exhibits) and 3,360 pages of closing submissions (plus an additional 10,341 attachments).
It is not just a wonder that the decision of Justice Hood was rendered less than nine months after the final day of trial; it is something of a minor miracle that any of the participants are still alive.
In spite of the achievement that the decision represents, its findings on flow-through claims of subcontractors represent a potentially troubling precedent for the industry, and are puzzling as a matter of law. They bear further scrutiny on the appeal that is currently underway.