William Huinink

The plaintiff contractor registered a construction lien and claimed payment for services and materials supplied to build a commercial addition for the defendant owner.

The project was delayed primarily due to issues relocating a hydro transformer, leading the owner to terminate the contract and claim set-off for completion costs and deficiencies.

The court found mutual breaches of contract but determined the owner owed the contractor $146,735.50 for unpaid certified work, subject to allowable backcharges of $54,917.95.

The court awarded the contractor the net balance of $91,817.55 plus prejudgment interest, while dismissing several of the owner's backcharge claims for lack of proof or failure to plead them.

The appellants appealed a trial judgment awarding the respondents damages for unjust enrichment arising from an oral agreement for farm labour in exchange for rent-free accommodation.

The Court of Appeal upheld the finding of unjust enrichment and the method of calculating damages, but reduced the quantum slightly to align with the statement of claim.

The Court also allowed the appeal on costs, varying the trial judge's award from a solicitor-and-client basis to a party-and-party basis, finding no reprehensible conduct to justify the higher scale.