Vihos v. Currie

The adjudicator accepted the claimants' testimony and documentary evidence over the defendant's denials, found a contract was formed and a $3,300 deposit was paid and not returned due to the defendant's non-performance and avoidance, and therefore ordered repayment of the deposit with interest from August 1, 2014 and costs.

Citation: 2017 NSSM 85
Parties: Claimant: Nick Vihos; Claimant: Irene Vihos; Defendant: Dan Currie; Defendant: Bright Roofing and Renovations
Court: Nova Scotia Small Claims Court
Jurisdiction: Canada
Judgment Date: 15 February 2017
Procedural Posture: Small Claims Court Contract Dispute / Hearing and Decision (judgment Rendered)
Outcome: Judgment for the claimants
Legal Topics: Deposit, Contract Formation, Breach of Contract, Remedies, Interest, Costs, Credibility
Source Language: English

Contract Law Construction Law Civil Procedure Deposit Contract Formation Breach of Contract Remedies Interest +2 more

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Full judgment text Legal principles 4 Party arguments 2 Amounts and remedies 1

Parties

Nick Vihos

Claimant

Irene Vihos

Claimant

Dan Currie

Defendant

Bright Roofing and Renovations

Defendant

Procedural Posture

Small Claims Court Contract Dispute / Hearing and Decision (judgment Rendered)

Legal Issues

1 Whether a contract was formed between the parties
2 Whether a $3,300 deposit was paid to the defendant
3 Whether the defendant breached the contract by failing to perform

Ratio Decidendi

Court Disposition

Judgment for the claimants

Orders

Defendant to pay the claimants $3,300.00 (return of deposit)
Interest to be calculated from August 1, 2014 to the date of the decision