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Background and Facts: Peter and Jane McCann decided to renovate their cottage into a permanent home and construct a new detached garage in Callander, Ontario. They hired 1593095 Ontario Ltd., operating as Northwood Window and Door Centre (NWDC), for the installation of all new windows and doors. The project, starting in September 2017 and expected to last two to four weeks, extended until July 2020 due to various issues, leading to a breakdown over payment.
Issues/Main Discussion: The court was tasked with determining if the contract terms were breached, by whom, the entitlements regarding payment or damages, the validity of the construction lien, allegations of negligent misrepresentation and negligence in work performance, and the potential personal liability of NWDC's owner, Andrew Walton.
Conclusion/Ruling: The court concluded that Jane and Peter McCann breached their contract with NWDC by failing to pay due amounts, entitling NWDC to $31,579.01 based on quantum meruit. This includes specific amounts for both house and garage contracts, with NWDC also granted a lien on the McCanns' property and dismissal of the McCanns' counterclaim.
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Plaintiff
Defendant
Other
Court
Superior Court of Justice - OntarioCase Number
CV-20-0053Practice Area
Civil litigationAmount
$ 31,579Winner
PlaintiffTrial Start Date