Skip to content

Fergushill Estates contractor dispute ends with both sides ordered to pay

'They put me out of business. I’m done. I’m on welfare,' says contractor, adding complainants 'destroyed me mentally and physically'
2019-02-07 FergusHill JO-001
Fergushill Estates is a 40-acre manufactured home community near Orillia with 152 sites. Jessica Owen/OrilliaMatters

EDITOR'S NOTE: This story has been edited from a previous version to clarify job titles. Calvin Gordon was the sole owner of More for Less Contracting.

A contractor and homeowner dispute dating back to 2018 in Oro-Medonte Township has finally come to its conclusion, with a judge awarding both sides some money, but leaving both sides unsatisfied.

Back in 2018, some residents of Fergushill Estates in Oro-Medonte complained of work done by contracting company More for Less, owned by Calvin Gordon. Leslie Morris, also named in the dispute, was an employee of the company. More for Less was a Niagara-based business which started advertising its services in the Barrie, Orillia and Midland areas in 2017.

At that time, some residents fumed over "shoddy" work and what they alleged to be intimidation from the owners. Some residents, out tens of thousands of dollars, banned the contractor from their properties. The company denied shoddy workmanship, and said they had offered to make repairs.

To read our original investigation on the situation including photos of the work, click here.

“I did so many houses in there, and I never had... a complaint. I was always there to fix the problem. But I was unable to fix the issues there with that home,” Gordon said in an interview with OrilliaMatters this week. “I did my job. I did what I had to do.”

Wayne Wilson, former vice-president of the Fergushill Estates Homeowners Association, told OrilliaMatters in 2018 that of the 30 different residences Gordon worked on at Fergushill, he had received complaints of poor workmanship from about five homeowners.

Fergushill Estates residents Dave Beeston and Margaret Gomez took Gordon and Morris to small claims court for $25,000 over the damage they allege was done to their home.

Gomez and Gordon came to an agreement in November 2017 for new exterior vinyl siding and a porch enclosure including the installation of new windows, doors, paint, eavestroughs and electrical outlets.

Gomez alone signed all contracts with Gordon.

However, according to the final judgment in the small claims case handed down in October 2020, many of the problems with getting proper permits for the work were Gomez’s responsibility as the homeowner.

“In this case, I accept that Gordon did not meet the requisite standard of craftsmanship that Gomez had a right to expect, but as indicated, she made no serious effort to mitigate her damages by repairing the defects alleged or to obtain a building permit,” Deputy Judge Mark Scharf wrote in his decision.

As part of the judgment, Gordon was ordered to pay Gomez $10,000 in damages.

Gordon and Morris also filed a counterclaim in 2018, seeking $25,000 from each defendant for damages for assault, intentional infliction of distress, nuisance, breach of privacy, conspiracy to injure, loss of income and defamation of character as well as pre-judgment interest and costs.

On the counterclaim, Gomez and Beeston were ordered to pay Gordon $7,500 and Morris $2,500 for defamation.

“Were Gordon and Morris defamed? In my view yes,” wrote Scharf in his decision. “In my view, Beeston also intentionally inflicted emotional distress on Gordon and Morris by acts of intimidation and threats.”

In the ruling, Justice Scharf outlined details of the threats, specifically a second-hand conversation where Beeston allegedly told an acquaintance he could “get rid of Gordon for five big ones.”

Scharf also referenced an incident in the Orillia Court House parking lot in May 2019 that required Orillia OPP to be called, where Beeston and his brother allegedly blocked Gordon and Morris in with their vehicle prior to a settlement conference.

“They put me out of business. I’m done. I’m on welfare,” said Gordon. “He’s destroyed me mentally and physically.”

The suit outlines that Gordon sought medical assistance for anxiety in October 2018 due to the alleged continued harassment, and was prescribed medication for mental health issues.

The deputy judge made no findings for the remaining claims of assault, nuisance, breach of privacy, and conspiracy to injure.

Costs were also awarded as part of the judgment.

Calvin Gordon was ordered to pay $3,750 to Margaret Gomez in costs.

David Beeston was ordered to pay costs to Calvin Gordon and Leslie Morris in the construction claim to the tune of $3,750, because his claim in that action was dismissed. David Beeston and Margaret Gomez together were also ordered to pay costs of an additional $3,750.

Disbursements and interest were also added as part of the judgment.

Looking forward, Gordon says he wanted an opportunity to tell his side of the story.

“My business was worth a lot. I’ve been really hurt by this,” he said.

Dave Beeston and Margaret Gomez did not return a request for comment for this story.


Verified reader

If you would like to apply to become a verified commenter, please fill out this form.




Jessica Owen

About the Author: Jessica Owen

Jessica Owen is an experienced journalist working for Village Media since 2018, primarily covering Collingwood and education.
Read more