The case involves a renovation project at a Toronto property, where Tenoes was hired for framing and excavation work under two verbal agreements totaling $61,500.
Disputes arose over incomplete and delayed work. Tenoes registered a construction lien for $100,400, claiming unpaid amounts, while the owners accused Tenoes of abandoning the job.
The owners sought to recover $73,966.63 for deficient work, $60,000 paid to Tenoes, and $194,956.82 in damages for mortgage-related issues caused by the lien.
Court Findings:
Breach of Contract: Tenoes breached both contracts by abandoning the project without completing the work. The court awarded Raphael Pinto $71,159.00 for costs to rectify and complete the work.
Exaggerated Lien: The lien was improperly registered after the statutory deadline and for an exaggerated amount. Tenoes was liable for $26,202.03 in damages related to costs incurred for vacating the lien, including mortgage fees.
Other Damages: Claims for reimbursement of $60,000 and additional mortgage-related damages were dismissed due to insufficient evidence.
Judgment:
Total Damages: $97,361.03 to the owners for breach of contract and exaggerated lien claims, plus interest.
