PLEASE READ THE LAW CASE STUDY BEFORE ANSWERING THE QUESTIONS BELOW:

CASE: Diana and Mary Wonder v Battford Homes Inc.

Diana Wonder purchased a condo town home with her mother Mary Wonder from Battford Homes Inc., and Adam Saliva,on September 20, 2019. It was December 20, 2021 before Diana finally was allowed to move in and the property closed on June 1, 2022. When Diana moved in she found many deficiencies with the premises and made a deficiency list with the builder. Mary Wonder's husband is the owner of a construction company by the name of Silk Renovations Inc. The builder was taking so long to make the repairs that Steve Wonder informed the builder he could do the minor wall touch ups because his crew was on sight putting some extras in for his daughter. Diana Wonder was obligated to make payments as of Dec 20, 2021so she decided to move in during her dad's renovations. The site supervisor for the builder Dick Sato was more than happy because the builder was busy trying to get the other 30 units ready and they were extremely busy. Mr. Wonder's company installed wood flooring in the upstairs bedrooms. He also put in an island and pot lights for his daughter because the builder would have charged a ridiculous amount of money. When she finally began to move most of her things in it was the end of January 2022.

The laundry room was in the entrance foyer on the main floor. The Wonder's purchased their own washer and dryer and the specs were approved by the builder. It was evident upon the laundry machines being delivered that they would not fit in the space. There was a wall in front of the tub area leaving only about 3 inches in space between the wall and the tub. Dick Sato was notified immediately and attended with Battford's foreman. They agreed that no one could stand inside the room in front of the tub and the cabinet doors would not open. Steve suggested they move the laundry upstairs but Dick said that was not possible. Steve then suggested they take the wall down and put in double fire rated doors. Dick Sato agreed that would be the only option as the machines could not be returned and were preapproved by the builder to fit in the space. Since the entrance in front of the laundry room was only 5x9 ft and the machines were in the middle of the space Steve asked if the builder could open the space so the machines could be put out of the way. Dick said he had no one available and Steve volunteered to open the wall if Dick was okay with it. Dick Sato instructed Silk Renovations Inc. to go ahead and make the opening larger and he would order the doors for the new opening.

Roland Kruch Steve's brother-in-law and Diana's uncle works with Steve's company. He helped remove the existing doors and open the wall. He asked the foreman what to do with the single fire rated door. The foreman instructed him to put it in the unit next door because they would use it in another unit. A few weeks passed and Mary emailed Dick about the doors and he indicated he was in the process of ordering them. The site super for Battford measured for the doors twice. Dick notified Mary by email that the doors were ordered. Two months went by before the builder responded that they would not supply the fire rated doors because the owner had made the opening. The new home owner's Tarion Warranty was not valid because the owner had made the opening so the Wonders would have to pursue a small claims court action to get their money. A horrible dispute arose between the parties and the builder sent another agent Mr. Troy Ripoff to investigate. He offered Mary $500 towards the purchase of the new doors but would not cover the expense because the owner opened the wall. He did not want to acknowledge the conversations between his representative and the owners. He indicated his foreman Dick Sato was not allowed to order the doors and should not have told the owners he would.

Mary and Diana Wonder summarized the events for her paralegal as follows:

1. Battford asked for laundry specs one year prior in order to make sure that any machines purchased for the unit were the correct machines for the space; 2. Battford approved our laundry machines, which are standard; 3. Battford gave us notice of a move in date and we attend for an inspection prior to moving in, many deficiencies were noted during our walk through with Dick Sato your representative; 4. We did not want to move in without the deficiencies being noted but we were told it was part of the contract and that Battford would fix everything while we were moved in; During the visit we did address that the laundry room looked small and we were reassured by Dick that it would be fine; 5. Battford was very busy and we were told to go ahead and paint and complete most of the touch ups ourselves as they would not get to them and my daughter who has dust allergies would be constantly exposed to drywall dust and machine dust as your guys would come in when they could; 6. When the laundry machines were delivered we noticed that there was only a couple of inches between the wall and tub area; There was no room to move in or out or get behind the machines or sink area if needed; The area was useless and we immediately called Dick Sato; 7. Mr.Sato attended and we tried to come up with a solution; one option discussed was to move the laundry area to the upper floors, Mr. Sato indicated this would be too costly and would require a lot of pipe and other work; 8. He agreed to make the doorway bigger from one 24" door to 2- 36" doors in order to make the laundry room accessible for both safety and use; Since my husbands was already working there he advised us to go ahead and make the opening for the two doors and he would send his foreman in to measure for the new doors; 9. The foreman attended, measured, asked us to put the single door in the neighbouring garage and brought us two floor tiles for the opening. 10. The door company called me a while later to inform me they can't deliver the doors because those are not the stock that Battford has and that Battford would have to call them to approve it. She told me she would contact Battford.

11. During this time our pipes froze under the kitchen floor because there was no insulation and our front door was not properly installed so there was snow in the entrance and freezing temperatures in the house; Workers gained access to the laundry room through the approved opening to put in heaters and make two holes in the ceiling so the pipes would not freeze; When Dick Sato attended to discuss the exterior door I asked him if he had ordered our 2 doors he said it was all done and we were waiting because they were special order; 12. Every time Dick Sato attended we asked for the doors and we were told they would be installed as soon as they arrived; We had no reason to believe he was not telling the truth about the order; 13. Now over 6 months later there are still no doors and you are telling me you won't supply them; Your representative asked us to go ahead and make the opening; you took the existing door and sent someone to measure for the 2 replacement doors; your company provided the tiles for the opening that your rep approved; 14. All parties were working well together to make this home livable and bring the home to the standards promised by Battford. This last-minute attempt by Battford to twist and renege on their promise is unacceptable. Nothing was done without the approval of the reps on site. The purchase and sale agreement did have a clause that stated that the seller would not cover any warranty if the owner made any changes to the unit. Mary and her daughter want to sue Battford for the amount of $3500.00 which is the cost of 2 fire rated doors to fit the new space and installation.

Battford Homes Inc. (Pres. Adam Saliva) 345 Avenue Rd. Toronto, ON M4K6Y7

Diana Wonder 78 Altona Rd. Unit 15 Pickering, ON L3G 3T4

QUESTIONS

What would you present to the judge as a motion with the following requests:

• An order for disclosure of additional information from the opposing party -
• An order to amend pleadings -
• An order to set aside Default Judgment because you did not file a defense in time -
• An order for extended time to file a Defendant's Claim -
• An order to resolve an issue in the case or to get directions on how to proceed in the case -
• Any other matter you feel is necessary to bring before the judge before trial relating to the case -