The plaintiff discovered deficiencies in his home and sued the former homeowner/builder and the local municipality for damages arising from breach of the Ontario Building Code and negligence. The defendants crossclaimed against each other. The plaintiff obtained judgment against the defendants. Only some of the damages were subject to joint and several liability as between the former owner and the Town, with matters not subject to the Town’s inspection only being payable by the former owner. The plaintiff was awarded $5,000.00 in general damages for stress of dealing with remedial construction. The Town was given judgment in full against the former owner on its crossclaim. The defendants were not entitled to a deduction of the amount the plaintiff received from his homeowner’s insurance.
