Kenneth W. Watts

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.

Co‑owners of real property held as tenants in common disputed whether a prior agreement for one co‑owner to purchase the other’s interest remained binding after the closing date passed without financing.

The respondent sought specific performance of the original agreement and argued that her solicitor had negligently failed to request a further extension and had consented to judgment without authority.

The court found the agreement had lapsed because time was of the essence and payment was not tendered by the extended closing date.

It further held that the parties’ consent judgment permitting the property to be listed and sold was valid and enforceable because the solicitor had apparent authority and enforcement would not create injustice.

The moving party was granted leave to accept a higher third‑party offer and bind both co‑owners.