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Sergei Mihhailenko

Professional Engineer

Since 2024

1

cases · 1 yrs · SCJ

Trial

Motion

Costs

Appeal

Sentencing

1 total

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Condominium's claim for full window replacement was dismissed as most condensation issues stemmed from building design, not manufacturing defects.

The Plaintiff condominium corporation sued the Defendant window manufacturer for breach of warranty, contract, and negligence regarding defective windows and condensation issues.

The court found that most problems were due to building construction, humidity, or installation errors, which were excluded by the warranty.

However, the court found the Defendant liable for manufacturing defects in approximately 10 Insulated Glass Units (IGUs) that failed due to water leaks unrelated to condensation.

The Plaintiff's claims for general damages and full replacement costs were dismissed, with limited damages awarded for the specific IGU failures under warranty.

Middlesex Condominium Corp. v. Aluminum Window Designs Ltd. et al., 2024 ONSC 5440

Professional Engineer · glazing industry, installation and performance of windows in high rise buildings

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Civil Litigation - Defendant

Civil Litigation - Plaintiff

Construction Law