Ray Cox Construction v. Kasperson

Ray Cox Construction v. Kasperson

Claimant entitled to payment for hours worked based on the evidence of time sheets and parties' own statements; however claimant bears partial liability for in‑floor heating/plumbing defects because he directed changes to the design without consulting the designer, so court offsets damages for defects ($7,000) against the claim, yielding a net judgment of $7,438.25; stay was refused because a contemplated proceeding is not an existing proceeding under s.15; plans remain property of defendants and must be returned.

Citation
2007 NSSM 8
Parties
Claimant: Ray Cox Construction - Ray Cox Jr.; Defendant: Deborah Kasperson; Defendant: Paul E. Kasperson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 January 2007
Procedural Posture
Small Claims – Unpaid Services and Construction Defect Counterclaim / Final Decision (judgment After Hearing)
Outcome
Claim allowed in part; counterclaim allowed in part; net judgment for claimant.
Legal Topics
Unpaid Services, Counterclaim for Defective Work, Assessment of Damages, Jurisdiction and Stay Based on Contemplated Proceedings, Possession of Plans
Source Language
English
Contract Construction Law Tort Procedural Law Unpaid Services Counterclaim for Defective Work Assessment of Damages Jurisdiction and Stay Based on Contemplated Proceedings +1 more

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Parties

Ray Cox Construction - Ray Cox Jr.

Claimant

Deborah Kasperson

Defendant

Paul E. Kasperson

Defendant

Procedural Posture

Small Claims – Unpaid Services and Construction Defect Counterclaim / Final Decision (judgment After Hearing)

Legal Issues

  1. 1 Whether claimant entitled to payment for 837 hours at $15/hour plus HST
  2. 2 Whether claimant was the general contractor/builder liable for all defects
  3. 3 Whether defendant’s counterclaim for in‑floor heating/plumbing defects is attributable to claimant and quantifiable

Ratio Decidendi

Claimant entitled to payment for hours worked based on the evidence of time sheets and parties' own statements; however claimant bears partial liability for in‑floor heating/plumbing defects because he directed changes to the design without consulting the designer, so court offsets damages for defects ($7,000) against the claim, yielding a net judgment of $7,438.25; stay was refused because a contemplated proceeding is not an existing proceeding under s.15; plans remain property of defendants and must be returned.

Court Disposition

Claim allowed in part; counterclaim allowed in part; net judgment for claimant.

Orders

  • Defendants shall pay Claimant the sum of $7,438.25.
  • Claimant Ray Cox shall deliver possession of all plans and copies relating to 26 Mannette Court, Porter’s Lake, Nova Scotia, to the Defendants.