Mr. W. Mouck

The plaintiff contractor sued the defendant homeowners for unpaid amounts and extras on a home renovation project.

The defendants counterclaimed for overpayment and deficiencies, arguing the contract was for a lower 'turn-key' price.

The court found the contract price was $183,500 plus HST, and the defendants breached the contract by unreasonably terminating it.

The plaintiff was awarded the balance owing plus proven extras on a quantum meruit basis, less credits for incomplete and deficient work, resulting in a net judgment of $61,940.73 for the plaintiff.

The plaintiff veterinary clinic brought an undefended action against a former employee for theft and misappropriation of funds.

The court found that the defendant, acting in a fiduciary capacity, fraudulently processed unauthorized refunds to his own bank account totaling $37,643.99.

The court awarded damages in that amount and declared that the debt would survive any future bankruptcy discharge pursuant to s. 178(1)(d) of the Bankruptcy and Insolvency Act.

Punitive damages were denied due to pending criminal charges.