2 total
Appeal dismissed; Tribunal properly assessed damages for new home warranty defects without applying inapplicable water penetration test.
The appellants appealed a Licence Appeal Tribunal decision regarding the quantum of damages for warranted defects in the exterior brick cladding of their new home.
The Tribunal had awarded $16,724 to repair the front of the house, rejecting the appellants' claim for over $200,000 to rebrick the entire home.
On appeal to the Divisional Court, the appellants argued the Tribunal erred in law by failing to apply the test from Ducas and by taking a functional rather than prescriptive approach to the Building Code.
The Divisional Court dismissed the appeal, finding the Ducas test inapplicable to the one-year warranty at issue and holding that the Tribunal properly assessed the scope of damages based on the evidence.
The court granted summary judgment to the Crown for unpaid student loans, rejecting requests for double interest and substantial indemnity costs.
The Minister of National Revenue brought a motion for summary judgment against the defendant for unpaid federal and integrated student loans.
The defendant did not respond to the motion.
The court found no genuine issue requiring a trial, determining that the defendant had entered into loan agreements and failed to repay them.
The action was deemed to be within the applicable limitation period due to the defendant's prior acknowledgement of the debt.
The court granted summary judgment to the plaintiff, awarding the outstanding principal amounts, pre-judgment interest, and partial indemnity costs, while clarifying the calculation of post-judgment interest.
