Greiss v. Polycorp Developments Inc.

Greiss v. Polycorp Developments Inc.

Polycorp was held liable to the claimants for failing to ensure the water services were protected from freezing after Polycorp’s retaining wall and landscaping altered conditions; Dexter was not liable because it installed the services according to plans and under Polycorp supervision; Kingsway was not liable because there was no contract of insurance/warranty with the claimants for this home.

Citation
2009 NSSM 21
Parties
Claimant: Rami Greiss and Susan MacIntosh; Defendant/claimant: Polycorp Developments Inc.; Second Defendant: Residential Warranty Company of Canada Inc.; Third Defendant: Kingsway General Insurance Company; Fourth Defendant/defendant: Dexter Construction Company Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 March 2009
Procedural Posture
Small Claims Court / Decision (final)
Outcome
Judgment for claimants against Polycorp Developments Inc. in the amount of $11,314.71; claims against Dexter Construction Company Limited and Kingsway General Insurance Company dismissed; Polycorp's claim against Dexter dismissed; Kingsway awarded costs of $1,110.27 from the claimants.
Legal Topics
Breach of Contract, Negligence, Warranty, Indemnity, Damages, Registration
Source Language
English
Contract Tort Construction Insurance Property Breach of Contract Negligence Warranty +3 more

Case Brief

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Parties

Rami Greiss and Susan MacIntosh

Claimant

Polycorp Developments Inc.

Defendant/claimant

Residential Warranty Company of Canada Inc.

Second Defendant

Kingsway General Insurance Company

Third Defendant

Dexter Construction Company Limited

Fourth Defendant/defendant

Procedural Posture

Small Claims Court / Decision (final)

Legal Issues

  1. 1 Whether Polycorp was liable for damage caused by frozen waterlines resulting from installation/landscaping
  2. 2 Whether Dexter Construction was negligent in installing the water service laterals
  3. 3 Whether Kingsway or the Residential Warranty Company owed coverage or were liable under a residential warranty/insurance contract

Ratio Decidendi

Polycorp was held liable to the claimants for failing to ensure the water services were protected from freezing after Polycorp’s retaining wall and landscaping altered conditions; Dexter was not liable because it installed the services according to plans and under Polycorp supervision; Kingsway was not liable because there was no contract of insurance/warranty with the claimants for this home.

Court Disposition

Judgment for claimants against Polycorp Developments Inc. in the amount of $11,314.71; claims against Dexter Construction Company Limited and Kingsway General Insurance Company dismissed; Polycorp's claim against Dexter dismissed; Kingsway awarded costs of $1,110.27 from the claimants.

Orders

  • Polycorp Developments Inc. to pay Rami Greiss and Susan MacIntosh $11,314.71 (itemized in decision).
  • Claim against Dexter Construction Company Limited dismissed (SCCH 288508).