Bedford Painting & Maintenance Ltd. v. Dube

Bedford Painting & Maintenance Ltd. v. Dube

Adjudicator found the claimant performed work but that significant defective performance justified a reduction; given claimant's remedial efforts and unreliable external estimate, a measured discount of $575.00 was appropriate, resulting in judgment for the claimant for $2,234.06 (including HST and filing cost).

Citation
2008 NSSM 83
Parties
Claimant: Bedford Painting & Maintenance Limited; Defendant: Brian Dube; Defendant: Sandra Dube
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 December 2008
Procedural Posture
Small Claims Court / Decision (reasons for Decision)
Outcome
Claim allowed in part; judgment for claimant in the reduced amount
Legal Topics
Breach of Contract, Damages, Set Off/counterclaim, Estimation of Repair Costs, Mitigation
Source Language
English
Contract Property Damage Civil Procedure Breach of Contract Damages Set Off/counterclaim Estimation of Repair Costs Mitigation

Case Brief

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Parties

Bedford Painting & Maintenance Limited

Claimant

Brian Dube

Defendant

Sandra Dube

Defendant

Procedural Posture

Small Claims Court / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the claimant is entitled to full contract price for painting services
  2. 2 Whether defects and damage justify reduction of amount owed
  3. 3 Whether defendants' counterclaim/offset should extinguish claimant's claim

Ratio Decidendi

Adjudicator found the claimant performed work but that significant defective performance justified a reduction; given claimant's remedial efforts and unreliable external estimate, a measured discount of $575.00 was appropriate, resulting in judgment for the claimant for $2,234.06 (including HST and filing cost).

Court Disposition

Claim allowed in part; judgment for claimant in the reduced amount

Orders

  • Judgment for the claimant in the amount of $2,234.06
  • Defendants to pay $2,234.06 to the claimant