Faddoul v. Heighton

Faddoul v. Heighton

The defendant was negligent in the manner he removed the boat cover and that negligence, combined with contributory factors, caused damage; damages were assessed by depreciated value ($180) and the defendant was entitled to quantum meruit for appraisal services ($75), resulting in a set-off so the defendant owes the claimant $105, plus $25 in filing cost differential to the claimant.

Citation
2004 NSSM 19
Parties
Claimant: George Faddoul; Defendant: Bill Heighton
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 April 2004
Procedural Posture
Small Claims Court Negligence and Contract Claim / Decision Following Hearing
Outcome
Claim allowed in part; Counterclaim allowed in part; net monetary judgment for claimant.
Legal Topics
Negligence, Quantum Meruit, Damages, Set Off, Costs, Estoppel
Source Language
English
Tort Contract Negligence Quantum Meruit Damages Set Off Costs Estoppel

Case Brief

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Parties

George Faddoul

Claimant

Bill Heighton

Defendant

Procedural Posture

Small Claims Court Negligence and Contract Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether defendant was negligent in removing the boat cover causing damage
  2. 2 Extent to which accumulated snow/ice on cover contributed to damage
  3. 3 Measure of damages for torn boat cover (depreciation vs replacement cost)

Ratio Decidendi

The defendant was negligent in the manner he removed the boat cover and that negligence, combined with contributory factors, caused damage; damages were assessed by depreciated value ($180) and the defendant was entitled to quantum meruit for appraisal services ($75), resulting in a set-off so the defendant owes the claimant $105, plus $25 in filing cost differential to the claimant.

Court Disposition

Claim allowed in part; Counterclaim allowed in part; net monetary judgment for claimant.

Orders

  • Claimant awarded $180.00 for damage to boat cover.
  • Defendant awarded $75.00 on his quantum meruit counterclaim.