Buying or building a new home is an exciting milestone for most Ontarians. Unfortunately, some homeowners discover after moving in that their home wasn’t built properly. In serious cases, faulty or negligent construction can even lead to injury.
When that happens, questions quickly arise: Who is responsible? and How can I recover the costs or losses caused by the builder’s negligence?
When Poor Construction Becomes Negligence
In Ontario, every home must be built with reasonable care and skill. This isn’t just good practice, it’s the law. The Supreme Court of Canada has confirmed that builders, contractors, architects, and engineers all owe a legal duty to make sure the structures they create are safe.
In Winnipeg Condominium Corporation No. 36 v. Bird Construction Co. ([1995] 1 S.C.R. 85), the Court made it clear: even if a buyer’s contract doesn’t mention safety, those involved in construction can still be held accountable when shoddy workmanship leads to foreseeable harm or damage.
The Role of Ontario’s Building Code
The Building Code Act, 1992 sets the minimum standards for construction across Ontario. If a home or building doesn’t meet those standards, it’s strong evidence that the work was done negligently. Architects, builders, and contractors can all be responsible for bringing the structure up to code, and for injuries that occur because of unsafe conditions.
However, compliance with the Building Code doesn’t automatically mean a home was built safely. Some defects fall outside what the Code covers. Courts will often look at industry standards, common building practices, and the quality of materials used to decide whether a project was completed with proper care.
Who May Be Liable for Negligent Construction?
Responsibility for a construction defect or unsafe condition doesn’t always rest with a single person or company. Depending on the circumstances, several parties may be held liable, including:
- Builders and contractors who performed the work
- Architects or engineers who designed or supervised the project
- Vendors or developers who knew about defects but didn’t disclose them
- Municipalities that approved permits or failed to identify serious construction errors during inspection
Each of these parties has a role in ensuring a building is safe for the people who use it. When that duty is breached, homeowners and injured individuals may have the right to bring a negligence claim.
When Negligent Construction Causes Injury
Poor construction doesn’t only lead to leaks, cracks, or uneven floors, it can create real safety hazards. In Musselman v. 875667 Ontario Inc. (2010 ONSC 3177), a restaurant patron was seriously injured after falling down a poorly built staircase. The court found both the restaurant owner and the City of Toronto responsible for the unsafe design and inspection failures.
This case serves as a reminder that injuries caused by negligent construction are compensable whether they happen in a commercial building or a private home. Visitors, tenants, and homeowners alike may be entitled to damages for pain and suffering, medical expenses, and other related losses.
How Virk Personal Injury Law Can Help
Cases involving negligent home construction often require both legal and technical knowledge. They can involve reviewing engineering reports, examining municipal inspection records, and working with experts to determine what went wrong and who is responsible.
At Virk Personal Injury Law, we represent individuals who have been injured or suffered losses because of unsafe or poorly built properties. Our team understands how to navigate complex construction negligence cases from identifying the right parties to proving the link between the defect and the injury.
If you’ve been hurt or experienced losses due to faulty construction, we can help you understand your legal options and pursue fair compensation.
Contact Virk Personal Injury Law today to schedule a consultation and learn how we can help protect your rights.