Case Overview:

• Claims: Middlesex Condominium Corporation No. 387 (Plaintiff) sought over $2 million for defective windows installed in 2014, alleging breach of contract, negligence, and warranty.
• Outcome: Most claims dismissed; Plaintiff awarded $15,000 for warranty-covered defects.

Key Points:

1. Trial Context:

   • Conducted virtually during a backlog-reduction initiative in late 2023.
   • Significant procedural challenges due to uncoordinated document management and absence of hyperlinks.

2. Findings on Merits:

   • Aluminium Window Design Ltd. (Defendant) found liable for warranty breaches on 10 defective windows.
   • Claims of negligence, pure economic loss, and general damages rejected.

3. Costs Dispute:

   • Plaintiff sought $119,059.06; Defendant sought $178,902.93 (both on a partial indemnity basis).
   • Judge ruled Defendant was the substantially successful party.
   • Costs adjusted due to both parties' poor document organization, prolonging trial duration.

4. Costs Awarded:

   • Defendant’s costs reduced by $25,000 for procedural inefficiencies.
   • Final award: $125,000 in costs payable by Plaintiff.

5. Judicial Observations:

   • Emphasized importance of pre-trial agreements on joint document books and compliance with electronic filing protocols.
   • Warned future non-compliance with practice directions may result in further cost sanctions.