Murray v Windsor Brunello Ltd

canada, canadian, case law, court opinion, canlii, abca, 2026abca275, 2026 abca 275 (canlii), 2026, abca, 275, (canlii), 2401-0160ac; ; 2401-0165ac, 2026, construction, residential construction, windows and sliding doors, oral construction management and project management arrangement, coordination of engineering services and sequencing, change from hanging upper glazing to resting on intermediate beam, deflection, binding, non, functional doors, appeals allowed in part, contracts, oral contract, implied terms, construction management and project management contract, whether detailed implied terms were supportable on the record, custom and usage, business efficacy, legal incident tests, granular terms set aside aside from coordination and inspection obligations, appeal allowed in part, contracts, breach, causation, implied duties in construction management and project management, failure to coordinate installation method change with manufacturer, failure to account for dead loads including stone cladding, whether breaches caused repair and replacement costs, liability for great room and master bedroom damages affirmed, appeal allowed in part, civil liability, negligence, pure economic loss, procedural fairness, whether pure economic loss was improperly raised as an unpleaded defence, submissions requested after evidence completed, negligence pleaded and pure economic loss treated as legal analytical tool, no breach of procedural fairness, appeal dismissed, civil liability, negligent performance of a service, duty of care and proximity, engineering services for residence, whether duty of care is negated as an encroachment of tort into contract, bg checo international ltd v british columbia hydro and power authority applied, liability in negligence found for great room damages, appeal allowed in part