Jeffrey J. Hewitt

The defendant brought a motion for summary judgment to dismiss the plaintiff's claim for prejudgment interest on a mortgage debt.

The parties had previously settled a construction lien dispute with a zero-interest mortgage due in 2008, which was paid off in installments as condominium units were sold, with the final balance paid after the plaintiff commenced this action in 2018.

The court held that the plaintiff was not entitled to prejudgment interest on amounts paid before the statement of claim was issued, but was entitled to prejudgment interest on the balance outstanding at the time the claim was issued, from the 2008 due date until payment.

The appellant purchased a new condominium townhouse and subsequently discovered serious water leaks and mold.

She sued the developer, municipality, and various engineers involved in the project for negligence and breach of contract.

The motion judge granted summary judgment dismissing the action against three sets of engineers, finding they owed no duty of care to the appellant under the Anns/Cooper test and that the Professional Engineers Act does not create a private law duty of care.

The Court of Appeal upheld the dismissal, noting the engineers had no contractual relationship with the appellant, their design was not shown to be negligent, and their limited on-site inspection duties did not require physical testing.