Gallant v. Gerrard

Gallant v. Gerrard

The 2005 compromise between the parties constituted an accord and satisfaction that settled the disputed workmanship claim and precludes the claimant from reopening the issue; the six-year limitation provision does not operate as a warranty extending the claimant's rights beyond that settlement, therefore the claim...

Source-derived case information.

Citation
2009 NSSM 58
Parties
Claimant: GREGORY ALLEN GALLANT; Defendant: BARRY CHESTER GERRARD
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 October 2009
Procedural Posture
Small Claims Court / Decision (hearing Held and Decision Rendered)
Outcome
Claim dismissed.
Legal Topics
Builder's Lien, Limitation Period, Settlement/compromise, Warranty, Accord and Satisfaction, Enforcement of Lien
Source Language
english
Contract Law Tort (negligence) Construction Law Property Law Statute of Limitations Builders Lien Builder's Lien Limitation Period +4 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

GREGORY ALLEN GALLANT

Claimant

BARRY CHESTER GERRARD

Defendant

Procedural Posture

Small Claims Court / Decision (hearing Held and Decision Rendered)

Legal Issues

  1. 1 Whether claimant can recover repair costs despite a prior compromise in 2005
  2. 2 Whether the 2005 compromise (accord and satisfaction) precludes reopening a dispute about defective workmanship
  3. 3 Applicability and effect of the six-year limitation period under the Limitations Act

Ratio Decidendi

The 2005 compromise between the parties constituted an accord and satisfaction that settled the disputed workmanship claim and precludes the claimant from reopening the issue; the six-year limitation provision does not operate as a warranty extending the claimant's rights beyond that settlement, therefore the claim is dismissed.

Court Disposition

Claim dismissed.

Orders

  • Claim dismissed.