J. Pitblado

The plaintiff property owner sought damages for water leakage that occurred during roof replacement work performed by the defendant contractor.

The plaintiff alleged negligence and claimed costs associated with interior water damage and repairs to an HVAC gas valve.

The court held that the contractor met the applicable standard of care and followed industry practice, including the use of temporary seals and the absence of tarpaulins over the roof.

The evidence established that the roof was already in poor condition and that the leak likely resulted from a spontaneous split in the existing tar-paper rather than the contractor’s work.

The plaintiff also failed to prove causation or quantify damages related to the HVAC repair.

The claim was dismissed.

The plaintiff brought an action to recover payment for work performed under an informal oral contract.

The court permitted amendments to the pleadings to correct the plaintiff’s capacity and to add a corporate defendant allegedly involved in the contract.

The defendant asserted he acted solely as an agent for the corporation, but the court held that a party claiming to have acted as an agent bears the onus of proving the other party knew of that capacity.

Finding the evidence evenly balanced on that issue, the court concluded the defendant failed to discharge the onus.

Judgment was awarded against the individual defendant for $50,000, with the claim against the corporate defendant dismissed without costs.