Parsons v. Keating

Parsons v. Keating

The defendant breached the contract by failing to deliver the promised completed product within a reasonable time and by undermining the contractual relationship through repeated delays and unfulfilled promises; the appropriate remedy is monetary damages to enable completion by another editor plus costs, and the claimants are entitled to retain and obtain access to the raw footage and any edited versions.

Citation
2015 NSSM 35
Parties
Claimant: Geraldine Parsons; Claimant: Melissa Parsons; Defendant: Angela Keating
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
26 August 2015
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for the Claimants.
Legal Topics
Breach of Contract, Delayed Performance, Damages, Retention of Goods/raw Materials, Mitigation
Source Language
English
Contract Law Remedies Consumer Services Breach of Contract Delayed Performance Damages Retention of Goods/raw Materials Mitigation

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Parties

Geraldine Parsons

Claimant

Melissa Parsons

Claimant

Angela Keating

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the videography contract was breached by late delivery and deficient performance
  2. 2 Whether subjective dissatisfaction alone constitutes breach of contract
  3. 3 Appropriate measure of damages and whether claimants are entitled to retain raw footage and edited versions

Ratio Decidendi

The defendant breached the contract by failing to deliver the promised completed product within a reasonable time and by undermining the contractual relationship through repeated delays and unfulfilled promises; the appropriate remedy is monetary damages to enable completion by another editor plus costs, and the claimants are entitled to retain and obtain access to the raw footage and any edited versions.

Court Disposition

Judgment for the Claimants.

Orders

  • Defendant to pay damages to Claimants in the amount of $400.00.
  • Defendant to pay Claimants' cost of issuing the claim in the amount of $99.70.