Harlow Construction Limited v. Atlantic Underground Services Ltd.,

Harlow Construction Limited v. Atlantic Underground Services Ltd.,

Because the expert evidence was in conflict and there was no basis in the record to prefer one expert over others, the evidence was evenly balanced; the Claimant failed to discharge the burden of proof on a balance of probabilities and the claim must be dismissed.

Citation
2022 NSSM 7
Parties
Claimant: Harlow Construction Limited; Defendant: Atlantic Underground Services Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 January 2022
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed
Legal Topics
Contract Performance, Breach of Contract, Expert Evidence, Burden of Proof
Source Language
English
Construction Contract Evidence Engineering Contract Performance Breach of Contract Expert Evidence Burden of Proof

Case Brief

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Parties

Harlow Construction Limited

Claimant

Atlantic Underground Services Ltd.

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the supplied grout met the contractual specification of 35 MPa compressive strength
  2. 2 Whether the Claimant proved breach of contract on a balance of probabilities
  3. 3 How to weigh conflicting expert reports in absence of cross‑examination

Ratio Decidendi

Because the expert evidence was in conflict and there was no basis in the record to prefer one expert over others, the evidence was evenly balanced; the Claimant failed to discharge the burden of proof on a balance of probabilities and the claim must be dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed