Background:
- In 2004, the Kriesers hired G.E.S. Construction to build a house in Toronto. Disputes over unpaid invoices and construction deficiencies led to lawsuits in 2007.
- The trial court dismissed the Kriesers' claims and awarded G.E.S. $92,589.90 and Greenstone Gardens $20,084.95 for unpaid invoices.
Appeal Issues:
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Breach of Contract:
- The Kriesers argued the trial judge erred in ruling that their non-payment breached the contract, barring warranty claims.
- The Court upheld this decision, citing their clear breach of Section 4.1(a) by withholding payments.
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Construction Deficiencies:
- They claimed the trial judge overlooked 63 deficiencies listed in an expert report.
- The Court found no basis for a retrial due to insufficient evidence that linked these deficiencies to the contractual warranty period.
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Fiduciary Duty:
- The Kriesers argued G.E.S. breached a fiduciary duty. The Court agreed with the trial judge that the relationship was strictly commercial.
Outcome:
- Appeal dismissed; costs of $35,000 awarded to the respondents.
- The trial judge’s cost award of $477,703.14 was upheld.
This case emphasizes the importance of adhering to contractual obligations and presenting clear evidence for claims.
