The plaintiff, Valleywoods Rentals Inc., brought an action against Yukon Construction Inc. for alleged deficiencies in the construction of exterior entrance stairs, claiming the work failed to comply with the Ontario Building Code and industry standards.
The defendant denied the deficiencies, asserting the work was performed according to the contract and had been approved by relevant authorities.
The court dismissed the plaintiff's action, finding that Valleywoods failed to meet its burden of proof regarding the alleged deficiencies.
The court gave significant weight to the approvals by the Construction Manager, Project Architect, and the City of Toronto (granting occupancy), and found the plaintiff's expert and hearsay evidence unreliable.
Costs were awarded to the defendant.
