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.).
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