Ray Cox Construction v. Kasperson

Ray Cox Construction v. Kasperson

The adjudicator accepted the prior finding of liability for the deficient in-floor heating system, found the system unsalvageable and replacement necessary, and assessed damages based on replacement costs up to the court's $25,000 jurisdictional limit. The $25,000 award is offset by $14,438.25 owed to the claimant, producing a net judgment to the defendants of $10,561.75. No prejudgment interest or costs are awarded.

Citation
2007 NSSM 63
Parties
Claimant; Defendant by Counterclaim: RAY COX Jr. c.o.b. as RAY COX CONSTRUCTION; Defendant; Claimant by Counterclaim: DEBORAH KASPERSON and PAUL E. KASPERSON
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
29 October 2007
Procedural Posture
Small Claims Court / Reassessment Following Remand From Supreme Court of Nova Scotia
Outcome
Counterclaim damages assessed at the Small Claims Court limit of $25,000; set-off of $14,438.25 owed to the claimant leaves a net judgment of $10,561.75 in favour of the defendants; no prejudgment interest; no costs awarded.
Legal Topics
Damages, Counterclaim, Remand, Jurisdictional Limit, Replacement Cost, Prejudgment Interest
Source Language
English
Construction Contract Remedies Civil Procedure Damages Counterclaim Remand Jurisdictional Limit +2 more

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Parties

RAY COX Jr. c.o.b. as RAY COX CONSTRUCTION

Claimant; Defendant by Counterclaim

DEBORAH KASPERSON and PAUL E. KASPERSON

Defendant; Claimant by Counterclaim

Procedural Posture

Small Claims Court / Reassessment Following Remand From Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether the claimant is liable for deficiencies in the in-floor heating system
  2. 2 Appropriate measure of damages for defective heating system (repair vs replacement)
  3. 3 Whether damages exceed the court's jurisdictional limit

Ratio Decidendi

The adjudicator accepted the prior finding of liability for the deficient in-floor heating system, found the system unsalvageable and replacement necessary, and assessed damages based on replacement costs up to the court's $25,000 jurisdictional limit. The $25,000 award is offset by $14,438.25 owed to the claimant, producing a net judgment to the defendants of $10,561.75. No prejudgment interest or costs are awarded.

Court Disposition

Counterclaim damages assessed at the Small Claims Court limit of $25,000; set-off of $14,438.25 owed to the claimant leaves a net judgment of $10,561.75 in favour of the defendants; no prejudgment interest; no costs awarded.

Orders

  • Counterclaim damages assessed at $25,000.00
  • Set-off of $14,438.25 owed to Claimant, resulting in net judgment of $10,561.75 in favour of Defendants