Lutz v. Arbor-Best Inc.

Lutz v. Arbor-Best Inc.

The court found the defendant performed the contracted tree removal and excavation albeit sloppily, the defendant's written offer to refund $1,351.25 was enforceable, and the claimants failed to prove any additional damages causally attributable to the defendant beyond that agreed refund; judgment was entered for...

Source-derived case information.

Citation
2013 NSSM 52
Parties
Claimant: NATASHIA LUTZ; Claimant: CATHERINE LUTZ; Defendant: ARBOR-BEST INC.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 October 2013
Procedural Posture
Small Claims Court / Decision After Hearing
Outcome
Judgment for Claimants in part
Legal Topics
Breach of Contract, Damages, Remedies, Quantum of Loss, Enforceability of Settlement
Source Language
english
Contract Law Tort Property Damage Construction Law Consumer/small Claims Breach of Contract Damages Remedies Quantum of Loss +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

NATASHIA LUTZ

Claimant

CATHERINE LUTZ

Claimant

ARBOR-BEST INC.

Defendant

Procedural Posture

Small Claims Court / Decision After Hearing

Legal Issues

  1. 1 Whether the defendant breached the contract or performed work inadequately
  2. 2 Whether the claimants proved damages beyond the defendant's written refund offer
  3. 3 Whether the written refund promise was enforceable and payable

Ratio Decidendi

The court found the defendant performed the contracted tree removal and excavation albeit sloppily, the defendant's written offer to refund $1,351.25 was enforceable, and the claimants failed to prove any additional damages causally attributable to the defendant beyond that agreed refund; judgment was entered for the agreed refund plus costs.

Court Disposition

Judgment for Claimants in part

Orders

  • Judgment in favour of the Claimants for $1,351.25 as agreed refund
  • Defendant to pay Claimants costs of $193.55