Couple did not report damage in timely fashion

Remedies - Damages - Damages in Contract

Plaintiff couple entered into contract with defendant company, to redo roof of couple's home. Company's subcontractor performed work. There were several deficiencies with work, for which company gave couple full refund. Company also offered to fix roof at no extra charge, which couple did not accept. Couple used another company, who first made emergency repairs and later redid roof. Couple claimed that defendant company committed misrepresentation. Company claimed that any damages were not due to their negligence. Company claimed that claims for general, punitive and aggravated damages were baseless. Couple brought action for damages. Damages awarded to couple, in amount of $5,772.38. Most of alleged damage to bathroom was not result of roofing work. Skylight leak took place before roofing work. Couple did not report damage in timely fashion. Roof work did exacerbate existing damage, to some degree. $925.19 was awarded to couple, representing 25% of cost of repair work. Couple continued to use bathroom after alleged damage. Claim that bathroom was unusable was not sustained by evidence. It was conceded that couple were entitled to $565 for emergency repairs, as well as $1,796.19 for lost benefit of discount. Insulation around skylight had suffered minor water damage, which was compensable in amount of $100. Some wooden boards had to be replaced, but full replacement of boards was not necessary. Couple was entitled to cost of more expensive boards, at $60 per board for total of 35 boards. $2,100 was awarded under this head of damage.

D'Souza v. Home Depot (2019), 2019 CarswellOnt 6066, 2019 ONSC 2330, H. McArthur J. (Ont. S.C.J.).

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