Lee v. All Tech Ltd.
Claim dismissed because the claimants unreasonably failed to mitigate their loss by denying the defendant the opportunity to inspect and attempt repairs; evidence did not prove the entire job required redoing.
- Citation
- 2010 NSSM 74
- Parties
- Claimant: David Lee; Claimant: Linda Lee; Defendant: All Tech Ltd.
- Court
- Nova Scotia Small Claims Court
- Jurisdiction
- Canada
- Judgment Date
- 28 October 2010
- Procedural Posture
- Small Claims Court / Decision (reasons for Decision)
- Outcome
- Claim dismissed
- Legal Topics
- Mitigation of Damages, Breach of Contract, Remedy/rectification, Assessment of Defects
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Legal principles 2 Party arguments 2 Amounts and remedies 1
Parties
David Lee
Claimant
Linda Lee
Claimant
All Tech Ltd.
Defendant
Procedural Posture
Small Claims Court / Decision (reasons for Decision)
Legal Issues
- 1 Whether the claimants are entitled to a full refund or the entire job redone
- 2 Whether the claimants failed to mitigate damages by refusing the defendant an opportunity to inspect and repair
- 3 Whether defects claimed are attributable to the defendant or to other causes (e.g. water damage, external dust)
Ratio Decidendi
Claim dismissed because the claimants unreasonably failed to mitigate their loss by denying the defendant the opportunity to inspect and attempt repairs; evidence did not prove the entire job required redoing.
Court Disposition
Claim dismissed
Orders
- Claim dismissed
Full Case Text
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