Wanklyn v Elite Lifestyle Services Inc.
Beverly Jill Wanklyn
Law Firm / Organization
Nixon Wenger LLP
Lawyer(s)

Allison Jaquish

Elite Lifestyle Services Inc.
Law Firm / Organization
Not Specified
Lawyer(s)

Rene Bertrand

Elite Lifestyle Services and Rene Bertrand, doing business as Elite Life & Home Painting & Renovations
Law Firm / Organization
Not Specified
Lawyer(s)

Rene Bertrand

Facts:
Beverly Jill Wanklyn hired Elite Lifestyle Services Inc., its associated entities, and Rene Bertrand for a series of home renovations. Despite paying $771,207.96, the work was either incomplete or mismanaged. She alleged breach of contract, fraudulent misrepresentation, and misuse of her payments.

Legal Issues:

  1. Breach of Contract: The defendants failed to complete renovations as promised within the agreed budget and timeline.
  2. Fraudulent Misrepresentation: The plaintiff alleged the defendants made false statements to secure payments, including fabrications about the project's progress and need for additional funds.
  3. Damages: Claims included compensatory damages for financial losses, punitive damages for misconduct, and additional costs related to project delays.

Court’s Findings:
The court found the defendants liable for breach of contract and fraudulent misrepresentation. It concluded the defendants misused funds for unrelated projects, made deceitful claims, and failed to fulfill contractual obligations.

Damages Awarded:
The court awarded the plaintiff:

  • Compensatory damages: $732,362 (adjusted for partial credit to the defendants).
  • Punitive damages: $10,000 for high-handed and deceitful conduct.
  • Costs and Interest: Ordinary costs and pre-judgment interest from August 18, 2018.
Supreme Court of British Columbia
S55285
Construction law
$ 742,362
Plaintiff