i need help finding an ONTARIO case to support a claim of breach of contract due to incomplete work.
this is actually just for a mock trial for an assignment,
the scenario of the case is as follows:
Myung’s Contracting v Shin Lim and Yvette Gonga
Edward Fong is the owner of Myung’s Contracting Ltd., a company located in the City of Toronto. On June 15, 2019 he was contracted by Shin Lim and Yvette Gonga, the owners of 1223 Sickway Drive, Whitby, ON L4F6Y7, to construct a gazebo for their backyard wedding. The parties signed a contract for labour and material in the amount of $26,000.00. They gave a deposit of $5000.00 upon acceptance, and paid another $6000.00 on the start date of June 23, 2019. The balance of $ 15,000.00 was to be paid upon completion. The wedding was to take place on August 30, 2019. The owners wanted a gazebo that was 30’ in diameter and 10ft high. The parties were mutual acquaintances of Frank Smith a local architect who designed the gazebo for the contractor while consulting the owners. The gazebo was to be constructed of cedar and painted cedar red. Shin Lim loved Yvette so much that he instructed Edward Fong to make any changes or additions Yvette wanted and that he would take care of it later. Everything was going as planned but as the construction progressed Yvette felt that skylights would brighten up the gazebo especially since it was such a gloomy summer. Kyle Vuting one of the subcontractors for Myung’s Contracting Ltd., was on site one day when Yvette proposed the idea. He had been given instructions by Edward Fong to do what was needed to please the owners as they were looking for more indoor renovations after the wedding. Edward was on holidays and could not be reached so Kyle went ahead and cut out the openings for the skylights. Yvette purchased the skylights on her own. When Ed returned he added the cost of $1240.00 for the window openings, to the balance owing on the contract. When the stain was painted on the floor of the gazebo Yvette did not feel it was bright enough so she asked that they change the colour of the gazebo to white. Ed told her he would do so and Yvette agreed not thinking it would be an extra charge. When the gazebo was complete Shin and Yvette received a bill for $19,440.00. Edward had added an additional $3200.00 for the paint change along with $1240.00 for the openings. Shin and Yvette noticed that the contractor forgot to install the curtain rods that would hold the white drape fabric for their wedding. They felt that they were overpaying for the openings since it was not costing Myung’s any extra material. They also felt that they were overpaying for the paint change since there was only about 10 square feet painted before Yvette changed the colour to white. They gave Myung’s a cheque for $14,500.00 on August 19, 2019. On August 30, 2019 during their wedding ceremony the heels of the bride’s $1800.00 Louboutins got stuck in one of the spaces between the planks that was a little wider than the others. Her heel broke and was not replaceable. Yvette also sprained her ankle and had to cancel her non-refundable surfing lessons in Hawaii. Myung’s sued the owners for the amount of $19,440.00. The owners denied owing any further amounts to Myung’s and filed a defendant’s claim for the amount of $3255.00 ($1800.00 for her shoes; $630.00 for the curtain rods; $375.00 for the surfing lessons; $450.00 to have ANO Contracting fix the plank on the deck).
I am representing the defendant in this matter and just need a case that works in my favour. the plaintiff breached the contract by failing to install the curtain rods.
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