In Murray v Windsor Brunello Ltd, the Murrays sued WBL and others over construction defects in their residence. The case involved complex issues regarding faulty windows and structural work.

2023 ABKB 375:

• WBL tried using a late-filed Notice to Admit Facts to shift blame to Alberta Engineering Ltd (AEL). The Court dismissed this tactic, ruling it unfair since AEL was dissolved and could not cross-examine, thus prejudicing other parties?.

2024 ABKB 281:

• The Court found WBL liable for breach of contract, negligence, and violations of the Sale of Goods Act. The defects were tied to WBL’s failure in project management and oversight.
• The Murrays had claimed $1,650,293.46 for repairs. AEL had previously settled with the Murrays for $125,000, which limited further claims against AEL but left other defendants exposed?.
• The judgment required WBL and other liable parties to cover remaining damages, excluding the AEL settlement.

Outcome:

• The Court held WBL responsible for managing subcontractors and ensuring compliance, attributing liability for construction failures. KAPO Fenster und Türen GMBH did not appear in court, which impacted the final allocation of responsibility.

The combined rulings awarded significant damages to the Murrays, holding WBL and others jointly responsible for defective construction, less the prior AEL settlement?.