Case Background:
- Claim: Plaintiff sought $30,142 for renovations done to Unit 4 of a property at 3472 Danforth Avenue, Toronto, under the Construction Act. The claim included a lien and breach of contract.
- Property Details: The property is a rooming house owned by Vasso Georgiopoulos and managed by MVG Investments.
- Contract Dispute: Voutour alleged an oral agreement with Mike Georgiopoulos (now deceased) for a high-end renovation of the unit, with payment upon sale of the building.
Key Findings:
- Existence of Contract: The court found that there was an enforceable oral contract between Voutour and Mike for renovation services. The contract's essential terms—scope of work, price, and schedule—were sufficiently established.
- Credibility: The court found Voutour’s testimony more credible than that of the defendants, emphasizing Vasso and Voula’s inconsistencies.
- Payment Terms: The agreement was for Voutour to receive labor and material costs upon the eventual sale of the property.
Ruling:
- Breach of Contract: Voutour was awarded $30,142 for breach of contract.
- Lien: Voutour was entitled to a lien of $26,859.15, excluding non-lienable items (appliances).
The court encouraged both parties to settle costs and interest amicably; otherwise, further submissions would be needed.
