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Small Claims appeal dismissed; contractor cannot recover significant cost overruns under adjustment clause or quantum meruit.
The appellant contractor appealed a Small Claims Court decision dismissing its claim for additional costs incurred during a home cladding project and granting the respondent homeowner's counterclaim for trespass.
The appellant had significantly underestimated the materials required and sought to rely on a contractual adjustment clause and quantum meruit to recover the extra costs.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the Deputy Judge's conclusions that the homeowner did not consent to the additional work, the adjustment clause only covered minor changes, and the valid contract precluded a quantum meruit claim.
Small claims actions identical to a proposed class action temporarily stayed pending certification.
The defendants in a proposed privacy class action regarding a data breach brought a motion to transfer and stay four identical Small Claims Court actions.
The court held that under s. 13 of the Class Proceedings Act, the small claims should be temporarily stayed pending the outcome of the certification motion, as allowing them to proceed would circumvent the opt-out provisions of the Act.
However, the court declined to transfer the actions to the Superior Court, finding such a transfer premature until the certification motion is decided.
