Jennifer A. Whincup

The applicant in a receivership proceeding sought approval of its counsel's fees to be paid from an administration charge.

The Attorney General opposed, arguing that the fees should only cover work related to the receivership and not the concurrent forfeiture proceedings.

The court rejected this distinction, finding that the forfeiture application created barriers to the sale of the business that counsel had to address.

The court found the fees reasonable and approved them.

The plaintiff contractor sued the defendant homeowners for unpaid amounts on a home renovation project.

The defendants counterclaimed for damages due to construction deficiencies, failure to follow design, delay, and fraudulent misrepresentation by the contractor's principal.

The court found that the contract was a fixed-price agreement and disallowed many of the contractor's claims for extras.

The court awarded damages to the homeowners for the contractor's failure to follow the agreed-upon design, delay costs, and structural repairs.

Furthermore, the court pierced the corporate veil, finding the contractor's principal personally liable for fraudulent misrepresentations that induced the homeowners to enter into the contract.

Judgment was issued in favour of the homeowners for $42,832.