The plaintiffs sought damages arising from alleged negligent installation of a residential furnace that repeatedly malfunctioned over several years.
The plaintiffs claimed reimbursement for costs incurred replacing electrical components between 2003 and 2010.
The court held the plaintiffs failed to prove, on a balance of probabilities, that the defendants’ installation caused the continuing furnace failures, noting the absence of expert evidence linking the installation to the malfunction.
The court also found the claim was likely barred under the Limitations Act, 2002 because the plaintiffs knew or ought to have known of the alleged issue years earlier.
The action was dismissed.
