Legal Blog

Officers’ Liability: Court Rejects Summary Dismissal Application

Swanby v. Tru-Square Homes Ltd. 2016 Alta QB (MC)

Pleading allegations that were sufficient to allow the owners’ action to continue against the officer of the homebuilder: (i) deficiencies resulted in dangerous premises; (ii) the corporation invoiced for work that it did not do, resulting in a dishonest act of the controlling mind of the corporation; (iii) the case went beyond mere shoddy construction because the work was so poorly done that the officer never had a bona fide intent to provide the building for which the owners were paying; and (iv) the officer assured the owners that the house was being built in accordance with the plans to induce the owners to make progress payments and to avoid an obligation to correct deficiencies.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.