Jeff Clarke

The appellant appealed a decision by Tarion Warranty Corporation denying warranty coverage for a newly constructed home.

The construction contract with the builder was terminated prior to completion.

The Tribunal found that the contract was not substantially performed within the meaning of the Construction Act, as the cost to complete the remaining work significantly exceeded the statutory threshold.

Consequently, the home was not eligible for warranty coverage under the Ontario New Home Warranties Plan Act.

The appeal was dismissed.

The plaintiff tenant brought an action for breach of contract and a construction lien against the defendant landlord and property manager for renovations completed in his rental unit.

The plaintiff alleged an oral agreement with the deceased principal of the property manager, whereby the plaintiff would renovate the unit and be paid for labour and materials upon the sale of the building.

The defendants denied the existence of the contract.

The court found the plaintiff's evidence credible and corroborated by circumstantial evidence, establishing an enforceable oral contract.

The court awarded the plaintiff $30,142 in damages for breach of contract, to be paid from funds posted in court, and recognized a valid lien for $26,859.15.

The plaintiff, Galaxy Communities Inc., initiated a construction lien action against the owners and a financial institution.

Galaxy failed to comply with court orders and did not appear for trial, resulting in a non-suit of its claim.

The court proceeded with the undefended counterclaim brought by the owners, alleging breach of contract due to deficient construction work, unapproved design changes, and delayed performance.

The court found the contractor in breach and awarded the owners damages for rectification costs, project management fees, and delay-related expenses.