What is the test for an owner who alleges that their contractor or the supplier of materials is defective?

Ontario, Canada


The following excerpt is from Summers v. Harrower, 2005 CanLII 50261 (ON SC):

An owner who alleges that the work performed or the materials supplied are defective must provide proper evidence on the basis of which his damages can be assessed. Linzel v. MacLead (1972), 2 Nfld. & P.E.I.R. 286 (P.E.I.C.A.) at 304-307 Scope Of Work And Provision Of Materials Under The Contract

Other Questions


Does the term owner include the registered owner and the actual owner? (Ontario, Canada)
Can a motion for contempt be brought against the owner of 9 trucks for allegedly failing to return the vehicles to the owner in order to account for sales proceeds? (Ontario, Canada)
In what circumstances will the court grant promissory estoppel to a property owner who has been ordered to pay out a loan to the property owner for the past year? (Ontario, Canada)
In what circumstances will a construction contractor be required to make progress payments to a contractor during the construction of a project? (Ontario, Canada)
Is there any material change on the basis that the applicant has suffered a material change connected with his desire to retire? (Ontario, Canada)
Is it unreasonable for an inspector to conclude that a contractor has met the standards of the Building Code because the contractor says so? (Ontario, Canada)
Is there any difference between the manufacturing design and the individual investigation of alleged defects in the door latch system? (Ontario, Canada)
What is the test for determining whether a latent defect in a building can be found to be a "latent defect" in a construction contract? (Ontario, Canada)
Does the tendering process create a contractual relationship between the owner and the general contractor? (Ontario, Canada)
Does there have to be a "substantial nexus" between the alleged negligence of an appellant in a medical malpractice case and the alleged loss of a patient? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.