The fraud trial against Ecolife Home Improvements owner David Murray resumed Wednesday with cross-examination of a civilian witness who told the court he reached a breaking point and tried to cancel the contract.
There was confusion in the courtroom as both the Crown and defence lawyer Antoine-Rene Fabris attended court last week to resume the trial, only to find out the court had in their records the trial was to resume today, Sept. 1.
When court began Sept. 1, the Crown had a list of three witnesses expected to testify, however, Fabris told the court he was under the impression he would be proceeding with his cross-examination of Kevin Fajcz, who testified against Murray in May. He said he was unprepared to deal with the three new witnesses, as a result.
“I apologize, I’m just not ready,” Fabris said. “The fault is mine alone. I am not prepared to proceed with today’s witness list.”
Court went into recess as the Crown attempted to contact Fajcz and another witness. Then, at 2 p.m., the trial continued with Fabris’ cross-examination of Facjz, who testified virtually that he signed a number of contracts with Murray totalling about $59,000 to replace siding and insulation, new windows, as well as roof repairs to allow for better air flow in his attic.
Fajcz is one of dozens of civilian witnesses testifying in the case against Murray. He told the court that he signed contracts in 2017 to have the work done, but grew increasingly more and more frustrated after the work didn’t get done.
After months of frustration, Fajcz told the court he attempted to cancel the contract altogether.
“I reached a breaking point, nothing was getting done, and I’d had enough,” he said.
Facjz filed a complaint under the Consumer Protection Act and provided a statement to police regarding his interactions with Murray.
“I had a horrible experience, and I was looking at getting something done about it,” Facjz said. “I was frustrated, and I felt I had been taken advantage of.”
He told the court he had even enlisted the aid of a friend to attempt to negotiate a settlement with Murray.
Facjz told the court he was willing to take $23,000 back, leaving an outstanding $36,000. However, any type of negotiation that might have been happening broke down as the relationship between the friend and Murray also became strained.
“It was fairly emotional, and I was never present during the discussions, but heard about it after,” Facjz said. “I was under the impression no offer had been reached.”
Facjz said the $23,000 was reached after discussing it with a friend, and together they “did some rough figures.”
“I wanted to be fair,” Facjz said. “I wasn’t looking at taking money from your client. He did some of the work and it was good work.”
By attempting to negotiate that settlement, Fabris said Facjz was acknowledging that about $36,000 of work had been done.
“That sounds sketchy to me,” Facjz said. “Siding and insulation at $36,000 is pricey.”
Fabris, as he has done with previous cross examinations, questioned Fajcz about the group of Sudburians who have staged protests against Murray.
Fajcz said he was aware of the activity taking place, but that he was never contacted by the group and urged to file a complaint against Murray.
The trial will resume Sept. 20, with more dates in October and November. Originally, the trial had been scheduled for 15 days, but with these dates, it will pass that threshold.