Background:

• The Drews contracted Aaron Topple (trading as Future Perfect Construction) on September 18, 2017, to construct a custom home in Pickering, Ontario.
• Contract price: Initially $541,200, amended to $487,353.
• Payments made to the defendants totaled $303,662.

Key Issues:

1. Contractual Breach:

   • The project was delayed, and the work had severe deficiencies (e.g., improper roof trusses blocking a cathedral window, substandard materials, incomplete tasks).
   • The contractor refused to fix defects without additional payment.

2. Misrepresentation:

   • The Drews alleged Topple misrepresented his qualifications and experience.

3. Liability:

   • Plaintiffs believed they contracted with Topple personally, not a corporation, due to lack of corporate identifiers in documents.
   • Court ruled Topple personally liable as he failed to clarify his corporate status.

Court Findings:

• Breach of Contract:

  • Defendants were responsible for construction errors and ceased work unjustifiably in June 2018.
  • Plaintiffs rightfully withheld payment for unresolved deficiencies.

• Damages Awarded:

  • $193,496 for costs of completing and repairing work.
  • No damages for lost income, emotional distress, or punitive damages as these were deemed too remote or unsupported.

• Counterclaim Dismissed:

  • Defendants’ claim for $250,000 (unpaid balance) was rejected.

Costs:

• Plaintiffs may seek costs submissions, excluding costs related to the settled dispute with Town Brewery Inc.