Collette v. Crimson Contracting Ltd.

Collette v. Crimson Contracting Ltd.

The defendant breached the implied condition under the Consumer Protection Act s.26(5) by failing to perform the stair and landing work in a skilful and workmanlike manner, causing water ingress and related damage; the claimant is entitled to compensation for reasonable remediation costs of $4,422.75 plus costs of $96.80.

Citation
2014 NSSM 22
Parties
Claimant: Michel Alexandre Collette; Defendant: Crimson Contracting Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 March 2014
Procedural Posture
Small Claims Court / Decision (reasons for Decision)
Outcome
Claim allowed
Legal Topics
Implied Warranty of Workmanship, Breach of Services Contract, Damages for Remedial Work, Water Ingress and Mould Remediation
Source Language
English
Consumer Law Contract Law Construction Defects Implied Warranty of Workmanship Breach of Services Contract Damages for Remedial Work Water Ingress and Mould Remediation

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Parties

Michel Alexandre Collette

Claimant

Crimson Contracting Ltd.

Defendant

Procedural Posture

Small Claims Court / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the defendant breached an implied condition that services be performed in a skilful and workmanlike manner under the Consumer Protection Act s.26(5)
  2. 2 Whether the claimant is entitled to damages for demolition and repair costs caused by the defective stairs
  3. 3 Whether the defendant’s uncorroborated assertion that initial slope was correct discharges liability

Ratio Decidendi

The defendant breached the implied condition under the Consumer Protection Act s.26(5) by failing to perform the stair and landing work in a skilful and workmanlike manner, causing water ingress and related damage; the claimant is entitled to compensation for reasonable remediation costs of $4,422.75 plus costs of $96.80.

Court Disposition

Claim allowed

Orders

  • Claim allowed in the amount of $4,422.75
  • Costs awarded in the amount of $96.80