The plaintiff contractor brought a construction lien action for unpaid invoices totaling $30,716.09 for home renovations.
The defendant homeowner counterclaimed for deficiencies, accommodation expenses, and a full refund, arguing the unwritten contract was unenforceable under the Consumer Protection Act.
The court found the defendant deliberately deceived the plaintiff by promising payment to ensure completion.
Applying section 93(2) of the Consumer Protection Act, the court held it would be inequitable not to enforce the contract.
The plaintiff was awarded the balance owing, less set-offs for minor deficiencies and cleaning.
