Rygh v. Taylor

Rygh v. Taylor

The adjudicator accepted the expert evidence that at least one foundation hole was imperfectly sealed and below grade, allowing pooled water to enter the basement; Scotia Fuels (and its subcontractor) were negligent and breached contractual duties, causing the water damage and mould, and therefore the Claimants recover remediation and repair costs against Taylor, with Taylor entitled to indemnity from Scotia Fuels for the same amounts and specified costs.

Citation
2013 NSSM 37
Parties
Claimant: Andrew Arthur Rygh; Claimant: Gillian Lee Costello; Defendant and Third Party Claimant: Judith Anne Taylor; Defendant (third Party): Scotia Fuels Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 August 2013
Procedural Posture
Small Claims Court Action / Decision (post Trial)
Outcome
Judgment for the Claimants (Rygh and Costello) against Judith Anne Taylor in the amount of $18,319.56 plus filing costs $182.94; judgment in favor of Judith Anne Taylor against Scotia Fuels Limited for indemnity for $18,319.56 and recoverable costs of $182.94 (including reimbursement of Claimants' filing cost).
Legal Topics
Damages, Mould Remediation, Mitigation, Causation, Third Party Claim
Source Language
English
Contract Tort Negligence Property Damages Mould Remediation Mitigation Causation +1 more

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Parties

Andrew Arthur Rygh

Claimant

Gillian Lee Costello

Claimant

Judith Anne Taylor

Defendant and Third Party Claimant

Scotia Fuels Limited

Defendant (third Party)

Procedural Posture

Small Claims Court Action / Decision (post Trial)

Legal Issues

  1. 1 Did drilling and inadequate sealing of foundation holes cause water ingress and mould?
  2. 2 Were Scotia Fuels and/or its subcontractor negligent or in breach of contract?
  3. 3 Are the claimed remediation and related costs causally attributable and reasonable?

Ratio Decidendi

The adjudicator accepted the expert evidence that at least one foundation hole was imperfectly sealed and below grade, allowing pooled water to enter the basement; Scotia Fuels (and its subcontractor) were negligent and breached contractual duties, causing the water damage and mould, and therefore the Claimants recover remediation and repair costs against Taylor, with Taylor entitled to indemnity from Scotia Fuels for the same amounts and specified costs.

Court Disposition

Judgment for the Claimants (Rygh and Costello) against Judith Anne Taylor in the amount of $18,319.56 plus filing costs $182.94; judgment in favor of Judith Anne Taylor against Scotia Fuels Limited for indemnity for $18,319.56 and recoverable costs of $182.94 (including reimbursement of Claimants' filing cost).

Orders

  • Judgment for Andrew Arthur Rygh and Gillian Lee Costello against Judith Anne Taylor for $18,319.56 and filing costs $182.94.
  • Judgment for Judith Anne Taylor against Scotia Fuels Limited for $18,319.56 and costs of $182.94, including reimbursement of the Claimants' filing cost of $182.94.