Homeowners win judgment and substantial indemnity cost award against negligent contractors

July 11, 2016

Blundon v. Ashton Pools, 2016 ONSC 2952
Blundon v. Ashton Pools, 2016 ONSC 4487

On May 2, 2016, the Ontario Superior Court of Justice awarded full judgment of $36,000 to plaintiff homeowners Lisa and Luke Blundon after a six day trial concerning the negligent installation of a backyard pool and patio in their backyard. During the trial, three experts gave testimony on the cause of cracking in the concrete. A third party claim against the concrete contractor was dismissed. The issues included whether the defendant pool contractor should be relieved of liability due to the fine print on the contract.

Subsequently, on July 11, 2016, the Court awarded the plaintiffs a substantial indemnity cost award in the amount of $100,000. In the decision, Justice Hambly reviewed the case law on costs, and in particular the impact an Offer to Settle has when it offers to settle by accepting substantial indemnity costs from the date of the offer.

Judy Byrne and Jack Masterman of Miller Thomson advised the successful plaintiffs in these proceedings.