TG Industries Ltd. v. Vincent

TG Industries Ltd. v. Vincent

Claimant was owed $6,529.07 for services rendered; claimant breached the implied term by misdiagnosing the problem; defendant had been warned and assumed some risk, so counterclaimant established some but not all alleged losses; counterclaim awarded in part ($3,645.00) and set off against claimant's claim produces a net judgment in favour of the claimant for $2,884.07; no costs awarded to either party.

Citation
2007 NSSM 56
Parties
Claimant: TG Industries Limited; Defendant: Donald Vincent; Defendant: All Star Ready Mix Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 July 2007
Procedural Posture
Small Claims Court Contract and Tort (negligence) / Decision
Outcome
Claim allowed in part; Counterclaim allowed in part; Net judgment for Claimant for $2,884.07; Claim against Donald Vincent dismissed; no costs awarded to either party.
Legal Topics
Repair Services, Implied Term of Workmanlike Performance, Negligence/misdiagnosis, Counterclaim, Damages Assessment, Set Off
Source Language
English
Contract Tort Civil Procedure Repair Services Implied Term of Workmanlike Performance Negligence/misdiagnosis Counterclaim Damages Assessment +1 more

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Parties

TG Industries Limited

Claimant

Donald Vincent

Defendant

All Star Ready Mix Ltd.

Defendant

Procedural Posture

Small Claims Court Contract and Tort (negligence) / Decision

Legal Issues

  1. 1 Whether the repair contractor breached the implied term to perform work in a good and workmanlike manner by misdiagnosing a pinion bearing failure as a leaky seal
  2. 2 Whether the defendant assumed the risk of operating the vehicle after being warned and how that affects liability
  3. 3 Quantification of damages on a balance of probabilities where supporting invoices/records are incomplete

Ratio Decidendi

Claimant was owed $6,529.07 for services rendered; claimant breached the implied term by misdiagnosing the problem; defendant had been warned and assumed some risk, so counterclaimant established some but not all alleged losses; counterclaim awarded in part ($3,645.00) and set off against claimant's claim produces a net judgment in favour of the claimant for $2,884.07; no costs awarded to either party.

Court Disposition

Claim allowed in part; Counterclaim allowed in part; Net judgment for Claimant for $2,884.07; Claim against Donald Vincent dismissed; no costs awarded to either party.

Orders

  • Claim against Donald Vincent dismissed
  • Claimant awarded $6,529.07 on the claim