Luke Danes had been considering having his basement finished for a few years and finally in 2021 decided to have the work done. He contacted James Construction Services after receiving a positive referral about their company. Joe James, the owner of James Construction Services, visited Mr. Danes' home and provided Mr. Danes with a detailed estimate for the cost of the work. This estimate totaled $75,000 plus HST. Mr. Danes was satisfied with this estimate and decided to hire James Construction Services without consulting any other construction companies. The parties executed a contract with the details of the agreement on in June 2021. A deposit of 40% of the contract amount was provided by Mr. Danes upon signing of this contract. Construction began on Mr. Danes' home on July 2, 2021 and took approximately four weeks to complete. During construction Mr. Danes was out of town for work but had arranged for his friend Susan to check in the construction every few days which he did. Mr. Danes provided a further 20% of the contract price upon completion of half of the work as agreed. When Mr. Danes returned from his business trip the work was approximately 90% complete. Mr. Danes reviewed the work upon his return and did not note any issues. James Construction Services did not encounter any difficulties during the project and everything went as smooth as could be expected. The work was completed on or about August 3, 2021. In accordance with the contract, Mr. James sent Mr. Danes his final invoice on August 4, 2021 for the remaining balance. After work was completed Mr. Danes reviewed the final product and discovered deficiencies and was not pleased thus he refused to pay the final invoice. Mr. Danes proceeded to send Mr. James an email indicating his refusal to pay in light of his dissatisfaction with the work completed. This email did not specify exact deficiencies. Mr. James immediately replied to this email offering to meet Mr. Danes at the property to discuss his concerns - Mr. Danes did not reply. Mr. James followed up with Mr. Danes via email once per week for the next five weeks - he never received a reply or payment for the invoice.

WITNESSES

Plaintiff: Joe James, Robert Kerry (you have elected not to call Graham Lite as it would be repetitive evidence)

Defendant: Luke Danes, David McLabb (third party contractor)

1. We will make defence witness cross examination questions.