Morris v. Brace

Morris v. Brace

The adjudicator found the defendant abandoned the contract and breached it by unilaterally changing the specified materials and commencing work in foreseeably unsuitable wet conditions; remedial costs were limited by the defendant's original $9,000 quote less the notional value of work already performed ($1,500), and certain incidental costs (street cleaning, repairs) were awarded, resulting in damages of $6,711.61 plus costs of $214.70 for a total judgment of $6,926.31.

Citation
2022 NSSM 12
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 Court Breach of Contract / Decision (adjudicator)
Outcome
Judgment for Claimants against the Defendant
Legal Topics
Breach of Contract, Abandonment of Contract, Damages and Mitigation, Admissibility and Reliability of Invoices/quotes, Liability for Collateral Property Damage, Contract Modification
Source Language
English
Contract Law Tort/property Damage Civil Procedure Evidence (hearsay) Breach of Contract Abandonment of Contract Damages and Mitigation Admissibility and Reliability of Invoices/quotes +2 more

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Parties

Jennifer Morris

Claimant

Melissa Morris

Claimant

Andrew Brace

Defendant

Procedural Posture

Small Claims Court Breach of Contract / Decision (adjudicator)

Legal Issues

  1. 1 Did the defendant abandon or was he discharged from the contract?
  2. 2 Did the defendant breach the contract by altering the specified materials (using ordinary fill instead of surge stone)?
  3. 3 What damages are recoverable and how should they be measured given mitigation obligations?

Ratio Decidendi

The adjudicator found the defendant abandoned the contract and breached it by unilaterally changing the specified materials and commencing work in foreseeably unsuitable wet conditions; remedial costs were limited by the defendant's original $9,000 quote less the notional value of work already performed ($1,500), and certain incidental costs (street cleaning, repairs) were awarded, resulting in damages of $6,711.61 plus costs of $214.70 for a total judgment of $6,926.31.

Court Disposition

Judgment for Claimants against the Defendant

Orders

  • Judgment for the claimants against the defendant for $6,711.61 in damages
  • Award of costs to the claimants of $214.70