The plaintiff brought an action against the defendants for fraud, breach of contract, negligence, and unconscionability arising from a series of private mortgages and a construction contract.
The individual defendant, acting as a trusted friend and financial advisor, induced the plaintiff to enter into a construction contract with a fictitious company and to take out multiple mortgages at high interest rates with his own lending company.
The construction work was abandoned, poorly executed, and failed to comply with the Building Code.
The court found that the defendants committed fraudulent misrepresentation, deceit, and negligence, and that the transactions were unconscionable.
The court set aside the mortgages and the construction contract, and ordered the defendants to pay damages for the cost of repairing and completing the construction.
