Following a Court of Appeal order, the Superior Court of Justice conducted a trial of an issue to determine the value of the plaintiff's townhouse as a two-storey unit versus a three-storey unit as of December 2, 2014.
The plaintiff had purchased the unit believing it was three storeys, but the third floor was illegally built into the common element space.
The court evaluated competing expert appraisal evidence, ultimately preferring the plaintiff's expert who conducted a thorough inspection and appropriately applied the direct comparison approach.
The court fixed the plaintiff's damages for the loss of the third floor at $465,000.
