The appellant contractor appealed a Small Claims Court judgment awarding the respondent homeowner damages for deficient renovations, including a faulty foundation and a replacement deck.
The appellant argued the foundation claim was statute-barred and the deck damages were not pleaded.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that the foundation defect was not discovered until the homeowner learned weeping tile had not been installed.
The court also upheld the award for deck damages, noting the Small Claims Court's flexibility with pleadings where the defendant had advance notice and suffered no prejudice.
