Jason De Melo Botelho

Homeowners sued a construction manager for breach of contract and negligence arising from defects in the construction of a custom waterfront home.

The court considered whether the builder failed to perform work in a good and workmanlike manner, focusing on water infiltration due to improper siding, masonry, flashing, and air‑barrier installation, as well as drywall and interior trim deficiencies.

Expert evidence established multiple violations of the Ontario Building Code and improper installation practices that compromised the rain‑screen system and voided the siding manufacturer’s warranty.

Claims relating to the deck and fascia were not proven, but the court accepted evidence that exterior wall systems, drywall, and portions of interior trim were defective.

Damages were awarded based largely on the plaintiff’s engineering expert’s remediation estimate, and the court rejected the defendant’s argument that damages should be reduced for betterment due to the plaintiffs’ years of use of the home.

A contractor brought a construction lien claim for unpaid amounts relating to tile installation in a newly constructed home, while the homeowners counterclaimed for damages arising from defective workmanship.

The court considered whether the contractor could continue the action under the Business Names Act, whether the work met the contractual requirement of being completed in a workmanlike manner according to standard practices, the proper measure of damages, and whether the lien was filed in time.

Leave to maintain the proceeding under the Business Names Act was refused due to failure to establish the statutory requirements and evidence that the defendants had been misled.

The court found portions of the tile installation defective, particularly the kitchen floor due to inadequate bonding, and awarded substantial damages on the counterclaim for full replacement of the floor and related components.

The lien was also found to have been filed outside the statutory time limit.