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The court held that a subsequent oral agreement superseded a written renovation contract, awarding the contractor the unpaid balance.
The plaintiffs, a renovation company and its owner, sued the defendant homeowner for an unpaid balance on a renovation contract.
The initial fixed-price contract was later superseded by an oral agreement during a November 2017 meeting due to project delays and disputes.
The court found the plaintiffs' initial estimate and project management lacked diligence, and their claims for extra work were largely unsubstantiated.
However, the court determined that a new oral agreement was reached for a total contract price of $90,000.00, inclusive of labour, material, and HST.
The defendant had paid $65,129.60.
Judgment was awarded to the plaintiff Kyle O’Brien for the remaining balance.
Successful defendants awarded $13,897.75 in costs following summary judgment motion.
Following the defendants' complete success on a summary judgment motion, they sought costs of $13,897.75 on a partial indemnity basis.
The defendants had previously delivered an offer to settle that would have allowed the plaintiff to walk away without paying rent or costs.
The plaintiff's costs submissions were brief and lacked detail.
The court found the defendants' claim for costs to be fair and reasonable, awarding them the full amount sought.
Appeal allowed; conflicting evidence on reconciliation purpose requires a trial on viva voce evidence.
The appellant appealed a motion judge's decision regarding whether the parties' cohabitation was for the primary purpose of reconciliation under their separation agreement.
The Court of Appeal allowed the appeal, finding that the matter involved diametrically conflicting evidence and required findings of credibility that could only be resolved after a trial on viva voce evidence, rather than on a motion.
