Torak v. Giffin

Torak v. Giffin

Adjudicator's determination turns on whether the claimant proved performance in accordance with the agreement and whether the defendants proved defects and delay sufficient to justify offsets or damages; the excerpt does not include the adjudicator's factual findings or final award.

Source-derived case information.

Citation
2020 NSSM 10
Parties
Claimant: Thomas Mitchell Torak; Defendant: Brittin Giffin; Defendant: Kathy Giffin
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 April 2020
Procedural Posture
Small Claims Court Renovation/contract Dispute / Decision (heard Feb 28, 2020; Decision Apr 27, 2020)
Outcome
Decision issued April 27, 2020; excerpt does not disclose the adjudicator's final disposition or award.
Legal Topics
Breach of Contract, Defective Workmanship, Delay Damages, Counterclaim, Quantum of Damages
Source Language
english
Contract Construction Civil Procedure Remedies Breach of Contract Defective Workmanship Delay Damages Counterclaim +1 more

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Parties

Thomas Mitchell Torak

Claimant

Brittin Giffin

Defendant

Kathy Giffin

Defendant

Procedural Posture

Small Claims Court Renovation/contract Dispute / Decision (heard Feb 28, 2020; Decision Apr 27, 2020)

Legal Issues

  1. 1 Is the claimant entitled to $5,420.50 for renovation services?
  2. 2 Were the defendants entitled to offset or damages for defective workmanship?
  3. 3 Were the defendants entitled to damages for delay and additional interest costs?

Ratio Decidendi

Adjudicator's determination turns on whether the claimant proved performance in accordance with the agreement and whether the defendants proved defects and delay sufficient to justify offsets or damages; the excerpt does not include the adjudicator's factual findings or final award.

Court Disposition

Decision issued April 27, 2020; excerpt does not disclose the adjudicator's final disposition or award.