PROCEEDINGS - Amendment or rescinding of decision - Standard of review - Correctness

Law360 Canada ( October 20, 2026, 9:33 AM EDT) -- Appeals by Donald and Linda (collectively, Murrays) and Windsor from a residential construction decision, and appeal by Murrays of costs order. The Murrays retained Windsor as project and construction manager for their residence and Alberta Engineering to provide engineering services. KAPO manufactured (KAPO), Luxus Haus imported, and Bade, operating as CS Eurohaus, acted as sales agent for the Great Room and Master Bedroom windows and sliding doors. Although KAPO warned that the Upper Glazing should be hung from the roof and no weight placed on the intermediate guide track and headers, the installation method was changed so the Upper Glazing rested on the intermediate beam and guide track. The Great Room and Master Bedroom sliding doors subsequently bound and became difficult to operate. The trial judge found Windsor liable in contract and awarded the Murrays $958,622 plus costs but dismissed all negligence claims and all claims against the other defendants. Windsor challenged the contractual terms, breach, causation and dismissal of claims against other parties. The Murrays challenged the pure economic loss analysis, findings on proximity and damages, and refusal of a Sanderson or Bullock order....
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