Mauro Marchioni

The appellant homeowner appealed a trial judgment awarding the respondent contractor damages for unpaid holdbacks and construction extras, while the contractor cross-appealed the partial allowance of the homeowner's counterclaim for deficiencies and delay.

The Divisional Court dismissed both the appeal and cross-appeal, finding that the trial judge made no palpable and overriding error in her assessment of the conflicting evidence regarding the construction of the new home, including the parties' failure to strictly follow the contractual procedure for requesting extras.

The appellant, a dissolved corporation, sought to enforce a judgment obtained prior to its dissolution.

The motions judge found that the corporation lacked capacity to carry out enforcement proceedings absent authority from the Crown, as its property had vested in the Crown upon dissolution pursuant to s. 244 of the Business Corporations Act.

The motions judge also found an accidental omission or slip under Rule 59.06.

The Court of Appeal dismissed the appeal, upholding the motions judge's findings on both capacity and the application of Rule 59.06.