Burke v. Bryan Perrier Contracting

Burke v. Bryan Perrier Contracting

Defendant liable only for supplying inadequate topsoil that caused defective landscaping; claimant entitled to damages to replace landscaping ($5,000). Defendant not liable for paving failures, driveway cracking, culvert caps, or flooding/ loss of trees because those outcomes were not shown to be foreseeable or within the scope of the parties' agreement; paving contractor responsibility and lack of privity with topsoil supplier limited other remedies.

Citation
2012 NSSM 14
Parties
Claimant: Greg John Burke; Defendant: Bryan Perrier c.o.b. as Bryan Perrier Contracting and as Operate For You Contracting
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
29 February 2012
Procedural Posture
Small Claims Court / Decision on Merits (hearing Concluded)
Outcome
Judgment for Claimant in part
Legal Topics
Defective Workmanship, Damages, Foreseeability, Remedy by Re Performance, Privity of Contract
Source Language
English
Contract Law Tort Negligence Construction / Building Disputes Property Law Defective Workmanship Damages Foreseeability Remedy by Re Performance +1 more

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Parties

Greg John Burke

Claimant

Bryan Perrier c.o.b. as Bryan Perrier Contracting and as Operate For You Contracting

Defendant

Procedural Posture

Small Claims Court / Decision on Merits (hearing Concluded)

Legal Issues

  1. 1 Whether Defendant is liable for defective landscaping/topsoil
  2. 2 Whether Defendant is liable for driveway defects and paving failures
  3. 3 Whether Defendant caused flooding and loss of trees and is liable for remedial costs

Ratio Decidendi

Defendant liable only for supplying inadequate topsoil that caused defective landscaping; claimant entitled to damages to replace landscaping ($5,000). Defendant not liable for paving failures, driveway cracking, culvert caps, or flooding/ loss of trees because those outcomes were not shown to be foreseeable or within the scope of the parties' agreement; paving contractor responsibility and lack of privity with topsoil supplier limited other remedies.

Court Disposition

Judgment for Claimant in part

Orders

  • Judgment for Claimant against Defendant for $5,000.00 for defective landscaping
  • Costs awarded to Claimant in the amount of $259.13