A homeowner sued a contractor for damages after basement water problems persisted following the installation of new weeping tile.
The court considered conflicting expert evidence regarding whether the tile had been installed in compliance with the Ontario Building Code.
The court found that the contractor failed to install the weeping tile below the basement floor in the area of a later addition, resulting in improper drainage and continued water infiltration.
Although other potential causes of leakage existed, the contractor remained responsible for the cost of correcting the defective installation.
The plaintiff was awarded partial damages for the cost of reinstalling weeping tile around the affected portion of the house.
