Wilcox v. Artcrete Finishing Ltd.

Wilcox v. Artcrete Finishing Ltd.

Claimant proved some deficiency but failed to establish that total replacement was necessary or that the individual owner was personally liable; the proper remedy is a reasonable monetary award for substandard work (assessed at $1,500) plus recoverable court costs ($214.70).

Source-derived case information.

Citation
2022 NSSM 58
Parties
Claimant: Kyle Patrick Wilcox; Defendant: Artcrete Finishing Ltd.; Defendant: Arthur Sampson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 November 2022
Procedural Posture
Small Claims Court / Decision and Order
Outcome
Judgment for Claimant against Artcrete Finishing Ltd. for $1,500.00 plus costs $214.70; claim against Arthur Sampson dismissed.
Legal Topics
Substandard Work, Damages, Personal Liability of Company Owner, Costs, Repair Versus Replacement
Source Language
english
Contract Construction Remedies Substandard Work Damages Personal Liability of Company Owner Costs Repair Versus Replacement

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kyle Patrick Wilcox

Claimant

Artcrete Finishing Ltd.

Defendant

Arthur Sampson

Defendant

Procedural Posture

Small Claims Court / Decision and Order

Legal Issues

  1. 1 Whether the defendant performed stamped concrete work to a workmanlike standard
  2. 2 Whether Arthur Sampson is personally liable for the company’s work
  3. 3 Whether full removal and replacement of the patio is required

Ratio Decidendi

Claimant proved some deficiency but failed to establish that total replacement was necessary or that the individual owner was personally liable; the proper remedy is a reasonable monetary award for substandard work (assessed at $1,500) plus recoverable court costs ($214.70).

Court Disposition

Judgment for Claimant against Artcrete Finishing Ltd. for $1,500.00 plus costs $214.70; claim against Arthur Sampson dismissed.

Orders

  • Judgment against Artcrete Finishing Ltd. in the amount of $1,500.00 plus costs of $214.70, total $1,714.70.
  • Claim against Arthur Sampson is dismissed.