The appellant hired a contractor to renovate his basement, which required underpinnings.
The contractor convinced the appellant to commence construction before obtaining a building permit.
When the permit was issued, the underpinnings were concealed.
The municipal building inspector relied on the contractor's assurances rather than conducting a thorough inspection.
The underpinnings were defective, causing flooding.
The Supreme Court of Canada held that the municipality owed a duty of care to the appellant to conduct a reasonable inspection, despite the appellant's negligence in allowing construction without a permit.
The municipality was held jointly and severally liable with the contractor, with damages reduced by the appellant's contributory negligence.
