Regan-Cottreau v. Blackburn

Regan-Cottreau v. Blackburn

The defendant repudiated the purchase agreement by his agent’s and his own communications; the claimant validly mitigated by re-selling; the defendant is liable for the $2,000 price differential plus reasonable carrying costs, utilities and insurance, and the $1,000 deposit is to be applied, producing an award of $3,780.47 plus costs of $212.20 (total $3,992.67); the defendant’s counterclaim is dismissed.

Citation
2014 NSSM 47
Parties
Claimant: Caitlin Regan-Cottreau; Defendant: Dave Blackburn
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
29 September 2014
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part; judgment for claimant in the total amount of $3,992.67; counterclaim dismissed.
Legal Topics
Repudiation, Breach of Contract, Damages, Specific Performance, Deposit Forfeiture, Mitigation
Source Language
English
Contract Real Property Real Estate Transaction Repudiation Breach of Contract Damages Specific Performance Deposit Forfeiture +1 more

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Parties

Caitlin Regan-Cottreau

Claimant

Dave Blackburn

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the defendant repudiated/terminated the purchase and sale agreement
  2. 2 Whether the claimant mitigated her losses and is entitled to damages
  3. 3 Proper measure of damages including deposit and consequential losses

Ratio Decidendi

The defendant repudiated the purchase agreement by his agent’s and his own communications; the claimant validly mitigated by re-selling; the defendant is liable for the $2,000 price differential plus reasonable carrying costs, utilities and insurance, and the $1,000 deposit is to be applied, producing an award of $3,780.47 plus costs of $212.20 (total $3,992.67); the defendant’s counterclaim is dismissed.

Court Disposition

Claim allowed in part; judgment for claimant in the total amount of $3,992.67; counterclaim dismissed.

Orders

  • Defendant shall pay claimant $3,780.47 (damages)
  • Defendant shall pay claimant $212.20 (costs)