David Lehman

The plaintiff homeowner sued the defendant contractor for breach of contract and unjust enrichment arising from a home renovation project, seeking damages for incomplete and deficient work.

The defendant counterclaimed for unpaid extra work.

The court found that the parties had a binding fixed-price contract for the initial scope of work and that the plaintiff had authorized specific extras.

The court concluded the plaintiff underpaid the defendant by $7,220.50 for the authorized extras, but also found the defendant liable for $10,731.46 in construction deficiencies.

Both the claim and counterclaim were allowed in part.

The plaintiff, Jennifer Faber, sued First View Properties Inc. for breach of contract regarding defective brickwork on a new home.

The parties had previously reached a settlement under the Tarion New Home Warranty Program, which failed to materialize after the plaintiff served a Statement of Claim that had been issued but not disclosed during settlement negotiations.

The court found the plaintiff acted dishonestly by not disclosing the lawsuit.

While some minor deficiencies in the brickwork were acknowledged by the defendant's expert, the court rejected the plaintiff's claim for full rebricking and general damages, finding no evidence of significant inconvenience or diminution in property value.

The court awarded the plaintiff $4,000 for minor repairs, significantly less than the $100,000 sought.