Court File and Parties

COURT FILE NO.: CV-23-193

DATE: 2024-04-18

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Scott Molson, Plaintiff/Moving Party

AND:

Alesandro Gagliardi, Defendant/Responding Party

BEFORE: Justice Bruce G. Thomas

COUNSEL: Wafa Khan, Counsel for the Plaintiff/Moving Party

No one appearing for the Defendant/Responding Party

HEARD: April 18, 2024

ENDORSEMENT

[1] This matter comes before me today on a motion for judgment. The defendant was hired by the plaintiff to do concrete work on his home in September, 2021. The defendant’s work was not only substandard, but damage was caused to the home and yard that was never repaired.

[2] The plaintiff commenced this action seeking damages for negligence, breach of contract, loss of enjoyment of the property, and loss of reputation and goodwill in the community.

[3] The defendant was personally served with the Notice of Action and Statement of Claim on December 14, 2023. He failed to file a defence and has been noted in default.

[4] I have reviewed the material filed by the plaintiff, including his affidavit. On the motion, I received his oral evidence on affirmation so I could better assess his damages.

[5] I have concluded after reviewing his itemized schedule of necessary repairs to his home, that he is entitled to judgment in the amount of $131,157.74 for repair to his concrete, lawn, landscaping, fence, sunroom and ceiling repair.

[6] Further, I assess damages at $15,000 for loss of enjoyment of his property over almost three years since the damage was incurred. I have evidence on how this affected him and his family and the use of their property.

[7] I decline to make an award for reputation and goodwill in the neighbourhood. I have no evidence to support that loss.

[8] The plaintiff will therefore have judgment for $146,157.74. I have reviewed the Bill of Costs submitted by counsel. The plaintiff will as well have his costs of $15,595.13.

“Justice Bruce G. Thomas”

Justice Bruce G. Thomas

Date: April 18, 2024.