House Construction: The Duties Of Contractors And Municipal Building Inspectors

• Published date: 29 June 2020
• Subject Matter: Real Estate and Construction, Construction & Planning, Real Estate
• Law Firm: Rogers Partners LLP
• Author: Mr Brian Sunohara

After moving into a newly renovated or constructed home, the last thing people want is to have deal with the hassles and headaches of problems with their home. People greatly rely on construction contractors and building inspectors to do a proper job.

In White v. The Corporation of The Town of Bracebridge, 2020 ONSC 3060, the court examined the obligations of contractors who design and construct houses, as well as the duty of care owed by municipal building inspectors.

Facts

In March 2012, the plaintiff purchased a house from the defendant, Grand. At the time of the purchase, Grand was in the process of renovating the property and adding a two storey addition.

Some of the construction was being conducted pursuant to a building permit issued by the Town of Bracebridge, while other parts of construction were not. The construction passed inspections by the Town's building department.

In March 2014, the plaintiff noticed watermarks on the wall and landing area around the stairs of the house. In April 2014, upon further investigation by a contractor, the plaintiff was advised that the water was entering the house through the ceiling in the new addition.

Additional investigations revealed a number of construction deficiencies and infractions of the Ontario Building Code associated with Grand's construction activities that the Town failed to identify during its building inspections.

The matter proceeded to a six day trial. Grand did not participate in the trial.

Negligent Construction

Justice DiTomaso stated that contractors who design and construct a building owe a duty of care to subsequent purchasers for foreseeable failures that would lead to defects that pose a danger to the health and safety of the occupants.

It is reasonably foreseeable that negligent construction resulting in latent defects may cause injury or damage to other property owners when those defects manifest themselves. Justice DiTomaso held that Grand owed the plaintiff a duty of care.

Regarding the standard of care, Justice DiTomaso noted that the Ontario Building Code provides minimum standards for construction so that owners of houses will be safe from poor construction. His Honour held that the applicable standard of care for construction contractors is, at a minimum, the Ontario Building Code's requirements.

Grand breached the standard of care. There were a significant number of deficiencies which contravened the Ontario Building Code.

Breach of Contract

Justice DiTomaso indicated that...