Taylor Lloyd Claude Trottier

A construction company sought payment for work completed on two properties: a commercial dealership and a residential home.

The dealership work was completed under a fixed-price contract for $98,739.83, with an outstanding balance of $33,327.73.

The residential work was completed on a time-and-materials basis with an outstanding balance of $43,743.37.

The defendants disputed liability, claiming deficient work and unfair business practices.

The court found that the residential contract, though not in writing, was enforceable under the Consumer Protection Act's equitable exception, as the defendant was a sophisticated businessman who had directed billing practices to benefit his businesses.

The court awarded the contractor the full amount for the dealership project and substantially the full amount for the residential project, offset by a modest counterclaim award for deficient work.

The applicant, Paul Lafortune, sought declarations and orders to enforce a 2017 agreement with the respondent, Tami Diebel, regarding the division and sale of jointly owned properties following their separation.

The court reviewed the parties' relationship history, the terms of the agreement, and the respondent's arguments against enforcement, including claims of duress and unfairness.

The court found no basis in contract or family law to set aside the agreement and granted the relief sought by the applicant, ordering the respondent to provide vacant possession of the property within 90 days.