Gulliver v. Caughey

Gulliver v. Caughey

The court found a fixed labour fee of $7,000 (materials paid directly by Defendant), concluded the Claimant substantially performed, and ordered damages for deficiencies and set-offs. The court deducted amounts paid by the Defendant and the cost to remedy defects ($1,700), leaving $3,380 plus HST outstanding, resulting in an order for $3,887.00 plus costs to the Claimant.

Citation
2022 NSSM 17
Parties
Claimant: Craig Gulliver; Defendant: Eric Caughey
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 March 2022
Procedural Posture
Small Claims Court Contract Dispute (carport Construction) / Rehearing Following Appeal Decision
Outcome
Defendant ordered to pay Claimant judgment.
Legal Topics
Breach of Contract, Substantial Performance, Damages, Set Off, Rescission, Contract Formation
Source Language
English
Contract Construction Law Remedies Breach of Contract Substantial Performance Damages Set Off Rescission +1 more

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Parties

Craig Gulliver

Claimant

Eric Caughey

Defendant

Procedural Posture

Small Claims Court Contract Dispute (carport Construction) / Rehearing Following Appeal Decision

Legal Issues

  1. 1 Was there a binding agreement on price and terms?
  2. 2 Whether the Claimant substantially performed the contract
  3. 3 Whether the contract should be rescinded due to defects

Ratio Decidendi

The court found a fixed labour fee of $7,000 (materials paid directly by Defendant), concluded the Claimant substantially performed, and ordered damages for deficiencies and set-offs. The court deducted amounts paid by the Defendant and the cost to remedy defects ($1,700), leaving $3,380 plus HST outstanding, resulting in an order for $3,887.00 plus costs to the Claimant.

Court Disposition

Defendant ordered to pay Claimant judgment.

Orders

  • Defendant to pay Claimant $3,887.00 plus costs before this court.