T&W Excavating v. Broderick

T&W Excavating v. Broderick

Claimant failed to prove the value of the partially completed services and therefore no recovery for services via unjust enrichment; materials delivered to and retained on the Defendant's property constituted a benefit and the Defendant must pay for five loads of gravel at $325.00 per load less the $500.00 credit, yielding judgment for the Claimant of $1,125.00; each party bears its own costs.

Citation
2023 NSSM 55
Parties
Claimant: Troy Weaver operating as T & W Excavating; Defendant: Diane Broderick
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 October 2023
Procedural Posture
Small Claims Court / Trial (telephone)
Outcome
Judgment for Claimant in the amount of $1,125.00; each party to bear their own costs.
Legal Topics
Quantum Meruit, Payment, Costs, Jurisdiction
Source Language
English
Contract Unjust Enrichment Construction Law Builders' Lien Act Quantum Meruit Payment Costs Jurisdiction

Case Brief

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Parties

Troy Weaver operating as T & W Excavating

Claimant

Diane Broderick

Defendant

Procedural Posture

Small Claims Court / Trial (telephone)

Legal Issues

  1. 1 Whether the Small Claims Court had jurisdiction to decide the monetary claim given a builders' lien was registered
  2. 2 Whether the Defendant was unjustly enriched by the Claimant's services and materials
  3. 3 Whether the Claimant proved the value of partially completed work

Ratio Decidendi

Claimant failed to prove the value of the partially completed services and therefore no recovery for services via unjust enrichment; materials delivered to and retained on the Defendant's property constituted a benefit and the Defendant must pay for five loads of gravel at $325.00 per load less the $500.00 credit, yielding judgment for the Claimant of $1,125.00; each party bears its own costs.

Court Disposition

Judgment for Claimant in the amount of $1,125.00; each party to bear their own costs.

Orders

  • Claimant entitled to Judgment against the Defendant in the amount of $1,125.00
  • Each party shall be responsible for their respective costs