Herbert v. Smith

Herbert v. Smith

On balance of probabilities the Adjudicator found the Claimant and Mr. Darcy more credible than the Defendant, allowed a global reasonable value for the renovation work rather than the full claimed hours, awarded $3,500 for doors/siding work and $500 for tree removal (total $4,000) plus costs $158.68, and dismissed the Defendant's counterclaim.

Citation
2010 NSSM 44
Parties
Claimant: Cathy Hebert; Claimant: Darryl Darcy; Defendant: David Smith
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 June 2010
Procedural Posture
Small Claims Court / Decision (reasons for Decision)
Outcome
Claim partially allowed; Counterclaim dismissed
Legal Topics
Breach of Contract, Repair and Renovation Disputes, Damages Assessment, Credibility of Witnesses, Tree Removal
Source Language
English
Contract Construction Consumer Law Breach of Contract Repair and Renovation Disputes Damages Assessment Credibility of Witnesses Tree Removal

Case Brief

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Parties

Cathy Hebert

Claimant

Darryl Darcy

Claimant

David Smith

Defendant

Procedural Posture

Small Claims Court / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the Claimant proved entitlement to payment for renovation work under a verbal open-ended hourly contract
  2. 2 Whether the renovation work was defective such that the Defendant could offset or counterclaim for new doors
  3. 3 Whether the Claimant proved the tree removal charges

Ratio Decidendi

On balance of probabilities the Adjudicator found the Claimant and Mr. Darcy more credible than the Defendant, allowed a global reasonable value for the renovation work rather than the full claimed hours, awarded $3,500 for doors/siding work and $500 for tree removal (total $4,000) plus costs $158.68, and dismissed the Defendant's counterclaim.

Court Disposition

Claim partially allowed; Counterclaim dismissed

Orders

  • Award to Claimant of $4,000.00
  • Award to Claimant of costs in the sum of $158.68