Scotia Structures Inc. v. Singh

Scotia Structures Inc. v. Singh

Court found proven deficiencies in flashing installation caused leakage into the carport, constituting a breach of the contract to create a dry space; promotional promises were not proven; full expert costs were disproportionate in Small Claims context; awarded remedial damages $6,500 for flashing and $1,000 toward expert services, set off against claim of $9,101.30, resulting in judgment to Claimant for $1,601.30; each party to bear own costs; no prejudgment interest.

Citation
2018 NSSM 33
Parties
Claimant (defendant by Counterclaim): Scotia Structures Inc. (Archadeck of Nova Scotia); Defendant (claimant by Counterclaim): Satnam Singh
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 July 2018
Procedural Posture
Small Claims Construction Contract / Decision (final Judgment)
Outcome
Judgment for Claimant in the amount of $1,601.30
Legal Topics
Breach of Contract, Damages, Set Off, Workmanlike Performance, Expert Evidence, Representations/puffery
Source Language
English
Contract Law Construction Law Breach of Contract Damages Set Off Workmanlike Performance Expert Evidence Representations/puffery

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Parties

Scotia Structures Inc. (Archadeck of Nova Scotia)

Claimant (defendant by Counterclaim)

Satnam Singh

Defendant (claimant by Counterclaim)

Procedural Posture

Small Claims Construction Contract / Decision (final Judgment)

Legal Issues

  1. 1 Did the Claimant breach the construction contract by failing to install adequate flashing and drainage for the Timber Tech system?
  2. 2 What damages or set-off, if any, should be awarded for proven deficiencies?
  3. 3 Were the promotional statements or alleged promise enforceable as contractual representations?

Ratio Decidendi

Court found proven deficiencies in flashing installation caused leakage into the carport, constituting a breach of the contract to create a dry space; promotional promises were not proven; full expert costs were disproportionate in Small Claims context; awarded remedial damages $6,500 for flashing and $1,000 toward expert services, set off against claim of $9,101.30, resulting in judgment to Claimant for $1,601.30; each party to bear own costs; no prejudgment interest.

Court Disposition

Judgment for Claimant in the amount of $1,601.30

Orders

  • Claim awarded $9,101.30
  • Set off awarded to Defendant $7,500.00