Building BC one new home at a time: HPO licensed residential builder Tiwana creates a homeowner disaster in Surrey; uses drug addict for critical work; multiple building code violations; false records
Will the Homeowner
Protection Office
protect you?
IN THE SUPREME COURT OF BRITISH COLUMBIA
| Citation: | Tiwana v. Shergill , |
|
| 2007 BCSC 458 |
Date: 20070330
Docket: S78073
Registry: New Westminster
Between:
Raj Tiwana and Goodwill Holdings Ltd.
Plaintiffs
And
Satnam Shergill and Jaginder Kaur Shergill
Defendants
Before: The Honourable Mr. Justice Crawford
Reasons for Judgment
| Raj Tiwana: | Appearing on her own behalf, with |
| Counsel for the Defendants: | R.J. Morton and S. Charles |
| Date and Place of Hearing: | February 13 – 17, 20 – 24, 27 and 28, 2006 – March 1 – 3 and 6, 2006 |
|
| New Westminster, B.C. |
[1] The plaintiff builder sued the defendant home owner for damages for breach of a residential house building contract. The homeowner defendant alleged the builder failed to complete the house and sued for damages under a number of different headings.
[2] Appendix A to this judgment sets out the evidence that was given over the four weeks of trial.
[3] Appendix B to this judgment is the interim findings and conclusions issued December 11, 2006.
[4] The findings result in judgment for the builder whose contract was terminated without notice by the owner. However, the builder had great difficulty in establishing it’s damages. On further reflection I find it likely some profit was lost, and I set that claim for lost profit at $10,000.
[5] The owner proved there were deficiencies in the house, notably the foundation and the plumbing and heating systems. I allowed $26,000 in damages for the cost of completion, $10,000 interest on monies borrowed for completion, and $100,000 in lost market value.
[6] Two lien claims were established, one for A Class Doors, at $8,650, and one for New Century Tile in the amount $3,500.
[7] The claims made by the defendant against the plaintiff for conversion of lumber or monies were not made out.
[8] As to costs, I allowed the plaintiff’s costs at scale 4, which were to be offset by the defendant’s costs at scale 3 for 4 days.
“R. Crawford, J.”
The Honourable Mr. Justice R. Crawford
READ THE ENTIRE CASE HERE:
2007 BCSC 458 Tiwana v. Shergill
