Mr. Wong

Varcon Construction Corporation appealed a partial summary judgment granted to 2099082 Ontario Limited (AWD Contractors) concerning a construction subcontract dispute.

Varcon's appeal challenged findings that AWD's work was not deficient and that AWD did not fail to rectify deficiencies.

AWD cross-appealed the motion judge's decision to order a trial on the subcontract's warranty provisions.

The Court of Appeal dismissed Varcon's appeal, finding no palpable and overriding errors in the motion judge's factual findings.

The Court allowed AWD's cross-appeal, determining there was no genuine issue requiring a trial on the warranty, as a plain reading of the contract did not support Varcon's interpretation that AWD was a general guarantor for all project defects.

The appellants appealed a decision of the Licence Appeal Tribunal which dismissed their claims against Tarion Warranty Corporation for alleged defects in their new home, including foundation issues, basement moisture, and squeaky floors.

The Divisional Court applied a reasonableness standard of review to the Tribunal's findings of fact.

The Court found that the Tribunal reasonably concluded, based on the evidence of civil engineers and construction managers, that the home was built in accordance with the design and not too close to the water table.

The appeal was dismissed with costs awarded to the respondent.

The Crown appealed decisions of the Ontario Municipal Board awarding compensation for injurious affection to two groups of landowners following the expropriation of land for Highway 407.

The Crown argued the lands' value was already limited by the Parkway Belt West Plan and had no urban development potential.

The Divisional Court dismissed the appeals, upholding the Board's findings that, but for the physical construction of the highway, the lands would likely have been released from the Plan and developed.

The loss of this opportunity was directly caused by the highway's construction, constituting compensable injurious affection.