Flavio J. Battiston

The plaintiff brought a motion for an interlocutory injunction to access the defendants' adjacent property to complete brickwork on a new residential home before winter.

The parties were involved in a broader dispute over property lines and construction damage.

Applying the RJR-MacDonald test, the court found a serious issue to be tried, irreparable harm if the structure was left exposed to winter weather, and that the balance of convenience favoured the plaintiff.

The motion was granted, permitting temporary access subject to proof of insurance.

The plaintiff, Jennifer Faber, sued First View Properties Inc. for breach of contract regarding defective brickwork on a new home.

The parties had previously reached a settlement under the Tarion New Home Warranty Program, which failed to materialize after the plaintiff served a Statement of Claim that had been issued but not disclosed during settlement negotiations.

The court found the plaintiff acted dishonestly by not disclosing the lawsuit.

While some minor deficiencies in the brickwork were acknowledged by the defendant's expert, the court rejected the plaintiff's claim for full rebricking and general damages, finding no evidence of significant inconvenience or diminution in property value.

The court awarded the plaintiff $4,000 for minor repairs, significantly less than the $100,000 sought.

A contractor sought recovery of the unpaid balance of a contract for the design and installation of custom kitchen cabinetry and enforcement of a construction lien.

The homeowners counterclaimed for damages alleging design deficiencies, improper installation, and associated replacement costs relating to cabinetry, granite countertops, and other kitchen components.

The court found the contractor performed the contractual work and that the alleged deficiencies were either unproven, attributable to third parties, or resulted from the homeowners’ failure to mitigate.

The court further determined that the contractor’s lien was preserved and perfected within the statutory time limits under the Construction Lien Act.

Judgment was granted for the contractor for the unpaid contract balance and the counterclaim was dismissed.