McPhee’s Plumbing & Heating Limited v. LeForte

McPhee’s Plumbing & Heating Limited v. LeForte

Claim dismissed because the Claimant contracted with the general contractor (Lock Tight), not with the Defendant, so no contractual right to payment from the Defendant existed; unjust enrichment was not established because deficiencies remained and could not be valuated to permit an award.

Citation
2018 NSSM 47
Parties
Claimant: McPhee’s Plumbing & Heating Limited; Defendant: Derek LeForte
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 March 2018
Procedural Posture
Small Claims Court Payment Claim for Goods and Services (plumbing/heating) / Decision (reasons for Decision Following Hearing)
Outcome
Claim dismissed
Legal Topics
Privity of Contract, Subcontracting, Deficiencies in Workmanship, Remedies for Breach, Valuation of Damages
Source Language
English
Contract Construction Unjust Enrichment Equitable Remedies Privity of Contract Subcontracting Deficiencies in Workmanship Remedies for Breach +1 more

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Parties

McPhee’s Plumbing & Heating Limited

Claimant

Derek LeForte

Defendant

Procedural Posture

Small Claims Court Payment Claim for Goods and Services (plumbing/heating) / Decision (reasons for Decision Following Hearing)

Legal Issues

  1. 1 Whether a contract existed between the Claimant and the Defendant
  2. 2 Whether the Defendant was unjustly enriched by the Claimant's work
  3. 3 Whether the Claimant could recover from the Defendant despite subcontracting to the general contractor (privity)

Ratio Decidendi

Claim dismissed because the Claimant contracted with the general contractor (Lock Tight), not with the Defendant, so no contractual right to payment from the Defendant existed; unjust enrichment was not established because deficiencies remained and could not be valuated to permit an award.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed.