The plaintiff, Bosco Roofing, sued for payment for roofing work on a condominium building owned by 1882877 Ontario Inc. The defendant, 1882877 Ontario Inc., counterclaimed for damages due to poor workmanship and project delays.
The court found that Bosco's work constituted a fundamental breach of contract due to significant deficiencies, negating the need for 1882877 Ontario Inc. to provide an opportunity to correct.
While 1882877 Ontario Inc. destroyed evidence by applying a third membrane, the presumption of spoliation was rebutted by the urgency of the project and the expert report.
The delay claims by 1882877 Ontario Inc. were dismissed due to lack of evidence.
Ultimately, Bosco's claim was dismissed, and 1882877 Ontario Inc. was awarded $22,366 on its counterclaim, representing the additional cost incurred to achieve a proper roofing system.
