Main Issues: Disputes regarding the construction of the Saccarys' home, contract breach by THI, non-payment for excavation work by Donald Saccary, and the presence of construction defects.
Outcome:
THI Construction was found liable for breach of contract, ordered to pay the Saccarys $95,608, plus HST and 5% prejudgment interest for repairs to the defective work.
THI was also ordered to pay $24,500 for excavation work completed by Donald Saccary.
General damages for emotional distress were sought but not awarded.
Terry Pettipas was not held personally liable, and the corporate veil was not pierced.
September 26, 2024:
Issue: Costs award following the judgment.
Outcome:
The court determined that the Saccarys were mostly successful in their claims, though they lost on two points (general damages and personal liability for Pettipas).
THI Construction was ordered to pay the Saccarys $45,375 in costs (increased by 50% due to a favorable settlement offer) and $14,582 in disbursements, totaling $59,957.
Final Outcome:
Total Monetary Award: Combining both decisions, THI Construction owes the Saccarys $120,108 (damages) + $59,957 (costs), amounting to $180,065, plus HST and prejudgment interest.
