The Court of Appeal for Ontario considered an appeal from a trial decision setting aside a mortgage and construction contract on the basis of fraudulent misrepresentation and unconscionability.
The appellants, including Xpert Credit Control Solutions Inc. and its director Sam Joshi, challenged the trial judge’s findings and the scope of the remedy.
The Court upheld the findings of liability but found the trial judge erred in setting aside the entire mortgage and awarding speculative damages.
The Court reduced the enforceable mortgage amount to $319,000, reflecting only the legitimate debt, and upheld $153,000 in damages for negligent construction, setting aside the requirement to pay $250,000 into trust.
