1. The Plaintiffs claim from the Defendants:
(a) payment of the sum of $25,000.00;
(b) pre-judgment and post-judgment interest on the sum of $25,000.00 calculated pursuant to the Courts of Justice Act, R.S.O. 1990, c.C43, as amended;
(c) costs of this action on a substantial indemnity basis; and
(d) such further and other relief as this Honourable Court deems just.
2. The Plaintiff, Nayan Patel (“Nayan”) is an individual now residing in Barrie, Ontario. Nayan and his young family were required to re-locate from Alberta to Barrie, Ontario because he was being transferred here by his employer.
3. The Defendants, Candice Chaffey (“Candice”) and Dennis Santarossa (“Dennis”) are individuals residing in Bradford, …show more content…
When Nayan was living in Alberta, he engaged the services of Rebecca Vandeworp, a Barrie Real Estate agent with Re/Max Chay Realty Inc. (“Rebecca”), to help him find a suitable home for his family to move …show more content…
The curtains and the curtain rods in the 5 upstairs bedrooms were removed causing damage to the bedroom walls. Schedule A, section 4 of the Agreement states that the chattels to be included were “existing fridge, stove, washer, dryer, dishwasher, light fixtures, window coverings, central air unit, garden shed”. Nayan has obtained a quote to replace the curtains and curtain rods in the bedrooms. Attached as Exhibit “C” is a copy of the photographs of the missing drapery in 5 bedrooms and damage to the walls, followed by the quote from Salnek Custom Window Treatments for the sum of $5,455.08.
Holes in the walls
12. During the inspection, Nayan and Rebecca noticed holes in the wall in the dining room where a fixture had been removed causing damage to the wall. Attached as Exhibit “D” is a copy of the photographs of the dining room wall and close up of the resulting holes.
13. The Defendants had moved all of their possession out, yet left a portrait of Mickey Mouse hanging on the wall. When Nayan and Rebecca removed it, there were large holes in the wall behind it that were being concealed during the listing and now the final viewing. Attached as Exhibit “E” is a copy of the Mikey Mouse picture and the holes that were found behind