Issue, cause of action
In the Hareychuk case, allegations contending that construction delays were brought against a pool contractor as well as a landscape contractor.
Two contracts were entered into by homeowners. The contracts were vague on when a project would start as well as finish. Many material specifications, such as choice of style and colour of walkway stone were outstanding. The project was severely delayed by discovery of a buried electrical line that required relocation. The project also required municipal approvals.
Apparently frustrated by delays, the homeowner uttered various obscenities, among other things. The relationship came to and end. The homeowners hired others to complete the work.
At Trial, the primary Plaintiff failed to appear or testify leaving the Trial judge to take an adverse inference that the testimony of the primary Plaintiff would favour the Defendants. Additionally, only the Defendant testified as to what was proper workmanship and reasonable.
The Law, application
The Plaintiff's Claim was dismissed and a Defendant's Claim was granted.