Cameron v. O'Brien

Cameron v. O'Brien

Adjudicator found the defendants' account of a provisional telephone quote of $18,700 to be more probable, allowed a $650 extra for arches/closets and $160 for stain, disallowed contested additional footage charges, deducted $1,860 for third‑party completion and $500 for deficiencies, credited prior payment of $15,000, and awarded the claimant $5,052.50 plus costs $337.30 (total $5,389.80).

Citation
2014 NSSM 41
Parties
Claimant: William (Bill) Cameron; Defendant: Cheryl O'Brien; Defendant: Pat Ryder
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
3 August 2014
Procedural Posture
Small Claims Court / Decision (reasons for Decision)
Outcome
Claim allowed in part for the Claimant; monetary judgment entered in favour of Claimant.
Legal Topics
Verbal Contract, Quantification of Damages, Set Off, Assessment of Costs, Hearsay
Source Language
English
Contract Law Construction Law Remedies Evidence Verbal Contract Quantification of Damages Set Off Assessment of Costs +1 more

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Parties

William (Bill) Cameron

Claimant

Cheryl O'Brien

Defendant

Pat Ryder

Defendant

Procedural Posture

Small Claims Court / Decision (reasons for Decision)

Legal Issues

  1. 1 Existence and terms of an oral contract
  2. 2 Onus of proof on claimant to establish contract terms and quantities
  3. 3 Admissibility and weight of hearsay measurements

Ratio Decidendi

Adjudicator found the defendants' account of a provisional telephone quote of $18,700 to be more probable, allowed a $650 extra for arches/closets and $160 for stain, disallowed contested additional footage charges, deducted $1,860 for third‑party completion and $500 for deficiencies, credited prior payment of $15,000, and awarded the claimant $5,052.50 plus costs $337.30 (total $5,389.80).

Court Disposition

Claim allowed in part for the Claimant; monetary judgment entered in favour of Claimant.

Orders

  • Judgment for Claimant in the sum of $5,052.50
  • Costs awarded to Claimant: $193.55 (filing) and $143.75 (service) totalling $337.30