Faulkner Real Estate Ltd. v. Sakto Corporation
Faulkner Real Estate Ltd.
Law Firm / Organization
David | Sauvé LLP
Judy Faulkner
Law Firm / Organization
David | Sauvé LLP
Sakto Corporation
Law Firm / Organization
Kelly Santini LLP
Waterford Property Group Ltd.
Law Firm / Organization
Kelly Santini LLP

Background:

Judy Faulkner and her brokerage, Faulkner Real Estate Ltd. (FRE), sued Sakto Corporation (landlord) and Waterford Property Group Ltd. (property manager), alleging that mold exposure in her leased office caused health issues (memory loss, brain fog, fatigue) and financial damages of $2.2 million. She claimed the defendants failed to remediate the issue and misrepresented mold test results.

Key Issues & Findings:

  1. Causation of Symptoms:

    • The court found no evidence that mold caused Faulkner’s symptoms. Three air tests confirmed mold levels in the office were no higher than outdoor air.
    • Dr. Markus (occupational medicine specialist) testified her symptoms were unrelated to mold. Experts supporting Faulkner lacked recognized credentials.
  2. Negligence in Repairs:

    • The court found no negligence in how the defendants handled the leaks and mold remediation.
    • The delay in repairs did not result in damages, as the air remained safe.
  3. Departure of Real Estate Agents:

    • Sue Dunton and others left FRE based on Faulkner’s belief in toxic mold, not actual contamination. The air was never unsafe.
    • The departures were not reasonably foreseeable by the defendants.
  4. Negligent Misrepresentation:

    • The landlord’s statement that test results were "good" was misleading but had no legal impact, as the office was always fit for occupancy.
  5. Breach of Lease & Damages:

    • No breach was found. The court awarded $4,000 for temporary inconvenience from repairs but dismissed all other claims.

Outcome:

Defendants won; only a minor rent reduction was granted. They may seek costs within 10 days.

Superior Court of Justice - Ontario
CV-16-70700
Corporate & commercial law
$ 4,000
Defendant