B.C. woman wins $740K in civil suit over botched renovation that left her home ‘gutted’

A Kelowna, B.C., resident has recently been granted a substantial sum of over $740,000 in a lawsuit against a contractor who also happens to be her neighbour. Beverly Wanklyn took legal action against Rene Bertrand and his company, Elite Lifestyle Service, after a renovation project on her lakefront property went horribly wrong.

Wanklyn entrusted Bertrand with hundreds of thousands of dollars to carry out the renovation while she was away on vacation in the spring of 2017. However, upon her return, she was shocked to discover that her house had been “gutted” without any progress being made. The court found that Bertrand had deceived Wanklyn into providing more money over the next year and a half, some of which he used for renovations on his own property.

Ultimately, Wanklyn had to hire a different contractor at an additional cost of almost a million dollars to complete the renovation. She filed a lawsuit against Bertrand for breach of contract and sought punitive damages.

In a recent decision by Justice Warren Milman, Wanklyn emerged victorious as Bertrand failed to respond to the lawsuit formally. The court determined that the defendants had promised to complete the renovation within a specific timeframe and for a fixed price, but failed to deliver on their commitments. After 18 months, Wanklyn was left with only interior demolition, asbestos abatement, and minimal electrical and plumbing work.

Despite numerous attempts to recoup her losses, including demands for refunds and false claims made by Bertrand about the need for permits and the house’s condition, Wanklyn was left with no choice but to seek legal action. The court found that Bertrand had used only a fraction of the funds on Wanklyn’s property, with the rest being diverted to other projects, including his own home on Manhattan Drive.

As a result of the botched renovation, Wanklyn was awarded the cost of her original contract, amounting to approximately $730,000. Additionally, she received $10,000 in punitive damages, although her initial request for $50,000 was reduced by the court. Despite the ordeal, the court concluded that Bertrand and his company did not set out to defraud Wanklyn intentionally but lacked the ability to manage the project effectively.

The lawsuit, which unfolded at the Vernon Law Courts, serves as a cautionary tale for homeowners considering renovation projects and highlights the importance of due diligence when hiring contractors.