Bernd Michael Richardt

The court dismissed both the plaintiff's claim for approximately $14,000 and the defendants' counterclaim for about $100,000.

The plaintiff sought partial indemnity costs of approximately $27,000 for a 3.5-day trial.

The court, exercising its discretion under s. 131(1) of the Courts of Justice Act, ordered Wayne Nicholas Degagne and Degagne Multi-Electric to pay the plaintiff $10,000 plus GST in costs.

The court found the defendants to be the "biggest loser" due to the substantial counterclaim's dismissal, while Lea Macalino Degagne and 2225171 Ontario Corporation were deemed not proper parties for costs.

The plaintiff, Kenora Flooring Centre Inc. (KF), sued for an unpaid balance on a flooring contract.

The defendants, Degagne Multi-Electric (DME) and others, counterclaimed for the cost of replacing all vinyl flooring due to alleged deficiencies.

The court found some deficiencies existed but dismissed the counterclaim because the defendants failed to provide sufficient evidence of specific damages and sought an excessive remedy (wholesale replacement).

The plaintiff's claim for the unpaid balance was also dismissed as the court found the contract had not been fully fulfilled, and KF similarly failed to provide evidence of the costs to complete the outstanding work.

The appellants appealed the dismissal of their claim for specific performance of a contract for the sale of a cottage property.

The trial judge had found that a 1964 letter agreement was not an enforceable contract due to uncertainty in the property description, as part of the land described was on an adjoining Crown reserve.

The Court of Appeal allowed the appeal, holding that the purchasers were entitled to specific performance for the portion of the land the vendor was able to convey.

The Court also found the trial judge erred in applying the Limitations Act, as the limitation period did not begin until a demand to convey was made.