Schnare v. Bowers Construction Inc.

Schnare v. Bowers Construction Inc.

Claimant entitled to proven special damages for sodding and driveway repair ($2,201.00) and to the statutory-limited general damages of $100 for mesne profits because mesne profits are akin to general damages under the Small Claims Act; survey claim deferred pending defendant's certification of replaced pins or further court direction.

Citation
2017 NSSM 56
Parties
Claimant: Andrew Schnare; Defendant: Bowers Construction Incorporated
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
1 November 2017
Procedural Posture
Small Claims Court / Decision After Hearing
Outcome
Claimant successful in part; judgment for partial damages and costs; survey issue deferred.
Legal Topics
Trespass, Negligence, Mesne Profits, Damages, Boundary Survey, Special Damages, General Damages
Source Language
English
Tort Property Law Construction Law Civil Procedure Trespass Negligence Mesne Profits Damages +3 more

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Parties

Andrew Schnare

Claimant

Bowers Construction Incorporated

Defendant

Procedural Posture

Small Claims Court / Decision After Hearing

Legal Issues

  1. 1 Whether the defendant is liable for damage and temporary encroachments during construction
  2. 2 Whether claimant is entitled to special damages for survey, sodding and driveway repair
  3. 3 Whether a claim for mesne profits is properly characterized as special or general damages within Small Claims Court jurisdiction

Ratio Decidendi

Claimant entitled to proven special damages for sodding and driveway repair ($2,201.00) and to the statutory-limited general damages of $100 for mesne profits because mesne profits are akin to general damages under the Small Claims Act; survey claim deferred pending defendant's certification of replaced pins or further court direction.

Court Disposition

Claimant successful in part; judgment for partial damages and costs; survey issue deferred.

Orders

  • Judgment for the Claimant for $2,301.00 in damages and $199.35 in costs.
  • Awarded amounts: $591.00 for sodding and $1,610.00 for driveway repair (total $2,201.00) plus $100.00 general damages for mesne profits.