The plaintiff purchased a renovated property from one defendant, discovering numerous building deficiencies.
He sued the seller for negligent construction and breach of the Ontario Building Code, and the municipality for negligent inspections and breach of statutory duty under the Building Code Act.
The court found the seller liable for negligent construction and breach of contract, and the municipality jointly and severally liable for conceded deficiencies that should have been caught during inspections.
The plaintiff's claim for contributory negligence was dismissed.
Damages were awarded for repairs, out-of-pocket expenses, alternate living expenses, and general damages.
The municipality's crossclaim against the seller for contribution and indemnity was granted, while the seller's crossclaim against the municipality was dismissed.
