Morris v. Brace

Morris v. Brace

The defendant breached and abandoned the contract by making material unapproved changes and ceasing work; damages are assessed by limiting the remedial cost to the defendant's original quoted contract value less credit for the value of work performed, awarding $6,711.61 in damages plus $214.70 costs (total $6,926.31).

Citation
2022 NSSM 23
Parties
Claimant: Jennifer Morris; Claimant: Melissa Morris; Defendant: Andrew Brace
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 February 2022
Procedural Posture
Small Claims Breach of Contract / Decision (adjudication)
Outcome
Judgment for Claimants against Defendant for damages and costs.
Legal Topics
Breach of Contract, Damages, Mitigation, Abandonment of Contract, Contract Modification, Costs
Source Language
English
Contract Law Property Damage Civil Procedure Breach of Contract Damages Mitigation Abandonment of Contract Contract Modification +1 more

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Parties

Jennifer Morris

Claimant

Melissa Morris

Claimant

Andrew Brace

Defendant

Procedural Posture

Small Claims Breach of Contract / Decision (adjudication)

Legal Issues

  1. 1 Whether the defendant breached the contract by abandoning the work
  2. 2 Whether the defendant validly modified the contract by using ordinary fill instead of surge stone
  3. 3 Appropriate measure of damages and duty to mitigate

Ratio Decidendi

The defendant breached and abandoned the contract by making material unapproved changes and ceasing work; damages are assessed by limiting the remedial cost to the defendant's original quoted contract value less credit for the value of work performed, awarding $6,711.61 in damages plus $214.70 costs (total $6,926.31).

Court Disposition

Judgment for Claimants against Defendant for damages and costs.

Orders

  • Judgment for Claimants against Defendant in the sum of 6711.61 CAD
  • Costs awarded to Claimants in the sum of 214.70 CAD