Beckwith v. Edmonds Landscape and Construction

Beckwith v. Edmonds Landscape and Construction

On the balance of probabilities the defendant's employees caused the damage by failing to take reasonable precautions; claimant must mitigate damages and is entitled to a reasonable repair allowance of $500 plus HST and recovery of the filing fee, totalling $655.44.

Citation
2007 NSSM 70
Parties
Claimant: Wilfred Beckwith; Defendant: Edmonds Landscape and Construction
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 November 2007
Procedural Posture
Small Claims / Hearing Held; Decision Rendered
Outcome
Judgment for Claimant
Legal Topics
Negligence, Duty to Mitigate, Damage Assessment, Liability for Property Damage, Remedies
Source Language
English
Torts Property Damage Civil Procedure Negligence Duty to Mitigate Damage Assessment Liability for Property Damage Remedies

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Parties

Wilfred Beckwith

Claimant

Edmonds Landscape and Construction

Defendant

Procedural Posture

Small Claims / Hearing Held; Decision Rendered

Legal Issues

  1. 1 Whether the defendant's landscaping activities caused damage to the claimant's vehicle
  2. 2 Whether the defendant failed to take reasonable precautions to protect private property
  3. 3 Appropriate measure of damages and effect of claimant's duty to mitigate

Ratio Decidendi

On the balance of probabilities the defendant's employees caused the damage by failing to take reasonable precautions; claimant must mitigate damages and is entitled to a reasonable repair allowance of $500 plus HST and recovery of the filing fee, totalling $655.44.

Court Disposition

Judgment for Claimant

Orders

  • Defendant to pay claimant $570 for repairs (including HST)
  • Defendant to pay claimant filing fee of $85.44