A vulnerable elderly homeowner brought an action alleging fraud, deceit, breach of contract, and negligence after contractors performing renovation work obtained over $138,000 through numerous consumer purchase contracts within approximately forty days.
The court found that a salesperson for the construction company exploited the plaintiff’s trust and vulnerability, repeatedly persuading her to approve unnecessary work and sign cheques.
The court concluded that the salesperson’s conduct constituted fraudulent misrepresentation and the tort of deceit, rendering most contracts void.
The construction company was held vicariously liable for its agent’s misconduct, and the company’s principal bore partial personal liability for failing to intervene despite warning signs.
Compensatory and aggravated damages were awarded.
