Schroeder v. LeBlanc

Schroeder v. LeBlanc

Claimant entitled to reimbursement for provable reasonable cost of supplies used to correct deficiencies ($1,222.73) because she acted reasonably to mitigate after contractor abandoned the job; claimant failed to prove entitlement to reimbursement of the instalment due to acceptance of partial work and lack of valuation; defendant failed to prove counterclaim for lost wages or material mark-up.

Citation
2025 NSSM 25
Parties
Claimant: Audrey Schroeder; Defendant: Collin LeBlanc
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 May 2025
Procedural Posture
Small Claims Court Reimbursement for Construction Expenses / Final Decision (adjudication)
Outcome
Claim allowed in part; counterclaim denied
Legal Topics
Breach of Contract, Workmanship Defects, Mitigation of Damages, Counterclaim for Lost Wages, Damages Valuation, Building Code Compliance
Source Language
English
Construction Law Contract Law Evidence Breach of Contract Workmanship Defects Mitigation of Damages Counterclaim for Lost Wages Damages Valuation +1 more

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Parties

Audrey Schroeder

Claimant

Collin LeBlanc

Defendant

Procedural Posture

Small Claims Court Reimbursement for Construction Expenses / Final Decision (adjudication)

Legal Issues

  1. 1 Whether claimant is entitled to reimbursement of the instalment paid for construction
  2. 2 Whether claimant is entitled to reimbursement of supplies used to correct workmanship deficiencies
  3. 3 Whether defendant is entitled to counterclaim for lost wages and loss of material mark-up

Ratio Decidendi

Claimant entitled to reimbursement for provable reasonable cost of supplies used to correct deficiencies ($1,222.73) because she acted reasonably to mitigate after contractor abandoned the job; claimant failed to prove entitlement to reimbursement of the instalment due to acceptance of partial work and lack of valuation; defendant failed to prove counterclaim for lost wages or material mark-up.

Court Disposition

Claim allowed in part; counterclaim denied

Orders

  • Award claimant $1,222.73 for costs of supplies
  • Counterclaim by defendant denied