Greenaway v. MGWM Remodeling Inc.
Greg Greenaway
Law Firm / Organization
Self Represented
Kathy Hibberts
Law Firm / Organization
Self Represented
MWGM Remodeling Inc. dba Case Design Remodeling
Law Firm / Organization
Self Represented

Background:

  • Dispute: Contractual disagreement over home renovations, including a bathroom and laundry area.
  • Contract Price: $63,778.42 plus HST. Veterans Affairs funded part; appellants responsible for $18,746.42 plus HST.
  • Payment Issue: Appellants withheld final payment of $2,155.85 citing unsatisfactory work.

Claims:

  • Respondent: Sought the remaining amount plus $1,460.50 for additional work (thawing/insulating a basement pipe).
  • Appellants: Identified deficiencies in the renovation work.

Key Findings:

  • Timeline:
    • March 31, 2021: Contract signed.
    • September 15, 2021: Substantial completion.
    • October 27, 2021: Final invoice issued.
    • December 6, 2021: Final punch list completed.
  • Warranty Clause: Work to be of "workmanlike quality," with a two-year remedy period for defects.

Adjudicator's Decision:

  • Ordered appellants to pay $1,884.15 to the respondent after deducting $155.85 for the unsuitable washer/dryer stacking kit.
  • Found no major deficiencies that warranted withholding payment.
  • Denied respondent’s additional claim for $1,460.50 due to insufficient evidence.

Appellants' Appeal:

  • Errors Alleged: Claimed adjudicator failed to recognize poor workmanship and did not follow natural justice.
  • Standard of Review: High deference to the trier of fact; findings only reviewed for palpable and overriding error or lack of evidence.
  • Outcome: The appeal was dismissed. The judge found no error of law or breach of natural justice by the adjudicator.

Summary of Financials

  • Original Contract Amount: $63,778.42 plus HST
  • Amount Withheld by Appellants: $2,155.85
  • Final Amount Ordered to be Paid by Appellants: $1,844.15

Conclusion:

  • Appeal Dismissed: Appellants to pay the outstanding amount as adjudicated.
  • No Costs Awarded: Each party bears their own costs.

 

Supreme Court of Nova Scotia
525651
Civil litigation
$ 1,844
Respondent