The plaintiffs purchased a home from the defendants and subsequently discovered several deficiencies, including a missing retaining wall for a newly built shop driveway and significant water leakage in the basement.
The plaintiffs sought damages for these deficiencies and punitive damages.
The court found the defendants liable for the costs of constructing the retaining wall, applying the doctrine of rectification or contract interpretation, and for the basement water damage under the Ontario New Home Warranties Plan Act.
Other claims for deficiencies and punitive damages were dismissed.
