At an unopposed trial arising from deficient residential renovation work, the court considered the effect of unanswered requests to admit and struck the statement of defence.
The court accepted deemed admissions to establish liability for breach of contract, negligence, negligent misrepresentation, and fraudulent misrepresentation, while declining to decide oppression-remedy standing because it was unnecessary to the monetary result.
The court held the defendants jointly and severally liable for proven damages of $1,046,438.14.
The court rejected the request for contractual 12% compound pre- and post-judgment interest and applied Courts of Justice Act interest rates.
