Cheryl C.M. Siran

The plaintiff, a construction company, sued the defendant for unpaid services and materials related to a renovation project.

The defendant counterclaimed for breach of contract, poor workmanship, and lost rental income.

The court found no binding fixed-price contract, determining it was a time and materials project.

While the plaintiff's hourly rate was deemed reasonable, the claimed hours were reduced due to discrepancies.

The defendant's counterclaim for deficiencies was partially successful for poor workmanship in the bathrooms, but claims related to electrical panel, hot water tank, furnace, and lost rental income were dismissed due to the defendant's instructions for cost-cutting or her own responsibilities.

The plaintiff was awarded a net amount after set-off for the successful portion of the counterclaim.

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.