This is an appeal of a construction lien action decision rendered by Associate Justice Wiebe following a summary trial.
The defendants appealed the judgment and costs decision on five grounds: improper admission of reply evidence in breach of the rule in Browne v. Dunn; erroneous factual findings regarding door frames and drywall/soundproofing; incorrect calculation of the quantum meruit claim; and an excessive costs award.
The appellate judge dismissed all grounds of appeal, finding no error in principle or palpable and overriding errors in the trial judge's findings.
The court upheld the quantum meruit award of $56,554.67 and the costs award of $85,000 at trial, and awarded costs to the successful respondent on appeal.
