German v. Godbout

German v. Godbout

The Claimants are entitled to the outstanding contract balance because the contract plus approved extras totalled $19,158.29, the defendant paid $15,000, and the defendant failed to prove on the balance of probabilities that the Claimants breached the implied workmanship standard; the defendant's evidence was found not credible, so the counterclaim is dismissed.

Citation
2025 NSSM 84
Parties
Claimant/defendant by Counterclaim: Louie Ansel Socito German and Sarah Dela Cruz-German; Defendant/claimant by Counterclaim: Crystal Godbout
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 December 2025
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part; counterclaim dismissed
Legal Topics
Breach of Contract, Workmanship Standards, Damages, Credit for Payments, Credibility of Witnesses
Source Language
English
Contract Law Construction Law Civil Procedure Property Damage Breach of Contract Workmanship Standards Damages Credit for Payments +1 more

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Parties

Louie Ansel Socito German and Sarah Dela Cruz-German

Claimant/defendant by Counterclaim

Crystal Godbout

Defendant/claimant by Counterclaim

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 What is the value of the work performed and the amount owing under the contract?
  2. 2 Whether the work breached applicable standards of workmanship entitling the defendant to damages or set-off?
  3. 3 Assessment of credibility of the defendant's evidence and reliance on an undisclosed third-party memorandum

Ratio Decidendi

The Claimants are entitled to the outstanding contract balance because the contract plus approved extras totalled $19,158.29, the defendant paid $15,000, and the defendant failed to prove on the balance of probabilities that the Claimants breached the implied workmanship standard; the defendant's evidence was found not credible, so the counterclaim is dismissed.

Court Disposition

Claim allowed in part; counterclaim dismissed

Orders

  • Defendant to pay the Claimants $4,158.00
  • Defendant to pay costs of filing and service, if incurred