Principal of company was not properly registered to build seasonal home

Construction Law - Contracts - Breach of terms of contract

Plaintiff property owners hired defendant construction company, to construct dwelling. Parties entered into contract. Approximately half of work was completed, before company ceased working on project. Work was finished by other parties, allowing owners to move into dwelling. Owners claimed that company breached contract, as well as committing negligent misrepresentation among other torts. Company defended action, and claimed breach was that of owners. Company also claimed that statements by owners constituted injurious falsehood. Owner brought action for above-noted relief; company counterclaimed for above-noted relief. Action and counterclaim both dismissed. Principal of company was not properly registered, to build seasonal home. On evidence, dwelling was cottage or seasonal home as opposed to full-time residence. Non-compliance was more technical than intentional. Contract was enforceable.

Pollice v. Muskoka Creative Construction & Renovation Inc. (2019), 2019 CarswellOnt 6613, 2019 ONSC 2715, M.E. Vallee J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Ontario court refuses to appoint disbarred lawyer as estate trustee

Doctors are expected to ensure patient understands what examination entails: review board

Convocation adds CPD requirement to certified specialist program, will expand program to paralegals

Man loses almost entire inheritance in costs for 'reprehensible,' 'scorched earth' litigation

Ontario Court of Appeal allows Trial Lawyers Association to intervene in medical malpractice case

Ontario Court of Appeal denies extension to perfect appeal in a motor vehicle collision case

Most Read Articles

Ontario court refuses to appoint disbarred lawyer as estate trustee

Convocation adds CPD requirement to certified specialist program, will expand program to paralegals

Doctors are expected to ensure patient understands what examination entails: review board