The trial concerned a counterclaim by Daro Industries Inc. and Robert Danninger against Innocon and Lafarge Canada Inc. for breach of contract (Sale of Goods Act), negligence, and defamation, arising from the delamination of a self-levelling floor screed product, Fina, supplied by Lafarge for a high-rise construction project.
Daro alleged the Fina was defective due to limestone filler causing delayed hydration and expansion.
Lafarge contended the delamination was due to Daro's improper installation, including inadequate primer application and uncontrolled environmental factors.
The court dismissed the counterclaim, finding Daro failed to prove the Fina was defective or that Lafarge was negligent or defamed Daro.
The court concluded the delamination was more likely due to Daro's installation deficiencies and site conditions.
