Court File and Parties

CITATION: Tri-Way General Construction Ltd. v. Hans, 2009 ONCA 291

DATE: 20090406

DOCKET: C48827

COURT OF APPEAL FOR ONTARIO

Feldman, Gillese and Rouleau JJ.A.

BETWEEN:

Tri-Way General Construction Ltd.

Plaintiff (Respondent)

and

Gurmit Hans and Harbans Hans

Defendants (Appellants)

Counsel:

Mak Sultan, for the appellants

David Thwaites, for the respondent

Heard and endorsed: March 27, 2009

On appeal from the judgment of Justice E.R. Kruzic of the Superior Court of Justice dated April 28, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appellant seeks to set aside findings of the trial judge that are essentially findings of fact regarding the scope of the contracted work and the costs agreed to including extras. We see no basis to interfere with the trial judge’s findings. We note that the trial judge appeared to misunderstand the evidence regarding the construction of a pine staircase. However, regardless of the misunderstanding, the respondent gave the appellants full credit for the more expensive oak staircase.

[2] With respect to the amount of the judgment, the respondent advises that due to a double counting error, the judgment amount should be reduced by $7,283.15 to $92,282.64.

[3] In the result, the appeal is allowed to the extent that paragraph 1 of the judgment is amended to read $92,282.64 with necessary adjustments to the prejudgment interest calculation to $7,978.27.

[4] Costs of the appeal to the respondent fixed at $13,000 inclusive of G.S.T. and disbursements.