The plaintiff, Kenora Flooring Centre Inc. (KF), sued for an unpaid balance on a flooring contract.
The defendants, Degagne Multi-Electric (DME) and others, counterclaimed for the cost of replacing all vinyl flooring due to alleged deficiencies.
The court found some deficiencies existed but dismissed the counterclaim because the defendants failed to provide sufficient evidence of specific damages and sought an excessive remedy (wholesale replacement).
The plaintiff's claim for the unpaid balance was also dismissed as the court found the contract had not been fully fulfilled, and KF similarly failed to provide evidence of the costs to complete the outstanding work.
