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P.E.I. company APM ordered to pay $107K in default judgment

A screengrab from the Nature Conservancy of Canada video campaign "Nature Stories" featuring P.E.I. developer Tim Banks.
Tim Banks, CEO of APM Construction Services Inc. - File photo.

CEO Tim Banks says ‘bill is paid’ and the matter resolved with Ontario company

A legal dispute between APM Construction Services Inc. and an Ontario company has been resolved and money owing paid, according to CEO Tim Banks.

On Aug. 13, the Ontario Superior Court awarded Symtech Innovations Ltd. $106,965.81 for materials and services supplied for a project along with $586.60 in interest and $1,320 in costs. The legal action against the defendants – APM and Banks – was launched in May, according to court documents.

APM’s head office is in Charlottetown with regional offices in other parts of Canada, including Ontario.

The Ontario judgment was made in default, meaning APM failed to take action in the matter.

“I was never served. The bill’s been paid. We have no idea. If somebody shows up in a court in Ontario and puts a judgment against you, they should serve you with proper notice,” said Banks.

According to a statement of claim, on Feb. 17, 2016, the sides entered into an agreement in which Symtech Innovations would supply fire alarms for a project at the West Mall in Etobicoke, Ont. The amount of the contract was $138,500 plus HST. APM was the contractor on the project.

By May 10, 2016, additional costs increased the contract to $156,300.86 plus HST.

The court document says the cost increases (quotes and work performed) were approved by APM and invoices were provided but were only partially paid, and an outstanding amount of $106,965.81 remained.

The Ontario Superior Court judgment was filed in Prince Edward Island Supreme Court on Nov. 27. Also on Nov. 27, a writ of execution calls on sheriffs to “seize and sell the real and personal property” of APM in the amount of $106,965.81 plus the interest (or $107,552.41), along with $1,320 in costs and any fees and expenses incurred to enforce the order.

Neither a spokesperson with Symtech Innovations, nor lawyers for the defendants and the plaintiff could be reached for comment.

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