Tattrie v. MacLean

Tattrie v. MacLean

Because the defendant conceded the vehicles were not restorable, admitted partial repayment of the deposit and agreed to return the vehicles, the court found the claimant entitled to return of the vehicles and monetary relief equal to the unpaid deposit balance plus costs and modest general damages, and entered judgment accordingly.

Citation
2019 NSSM 79
Parties
Claimant: Kendall Tattrie; Defendant: Curtis MacLean and Curtis Customs
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 May 2019
Procedural Posture
Small Claims Court (nova Scotia) / Order Following Hearing (final Judgment)
Outcome
Claim allowed; judgment for claimant
Legal Topics
Recovery of Goods, Refund of Deposit, Damages, Specific Performance
Source Language
English
Civil Contract Property Small Claims Recovery of Goods Refund of Deposit Damages Specific Performance

Case Brief

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Parties

Kendall Tattrie

Claimant

Curtis MacLean and Curtis Customs

Defendant

Procedural Posture

Small Claims Court (nova Scotia) / Order Following Hearing (final Judgment)

Legal Issues

  1. 1 Whether the defendant must return two 1965 Plymouth Barracudas to the claimant
  2. 2 Whether the defendant must refund the claimant's deposit for restoration work
  3. 3 What monetary award (debt, costs, general damages) the claimant is entitled to

Ratio Decidendi

Because the defendant conceded the vehicles were not restorable, admitted partial repayment of the deposit and agreed to return the vehicles, the court found the claimant entitled to return of the vehicles and monetary relief equal to the unpaid deposit balance plus costs and modest general damages, and entered judgment accordingly.

Court Disposition

Claim allowed; judgment for claimant

Orders

  • Claimant's action against the Defendant is allowed.
  • Defendant shall deliver both the red and gold 1965 Plymouth Barracudas left on the premises of Curtis Customs to the Claimant's address in Thomson Station, Nova Scotia.