Century 21 Classic Realty Ltd. v. Eye Catch Signs Ltd.

Century 21 Classic Realty Ltd. v. Eye Catch Signs Ltd.

Adjudicator found the sign was defectively designed and the Defendant breached the contract; the appropriate measure of damages is the proven cost to rectify ($8,635.46) because the preferred repair would restore what was originally contracted for and would not amount to an impermissible betterment; post-trial...

Source-derived case information.

Citation
2008 NSSM 82
Parties
Claimant: CENTURY 21 CLASSIC REALTY LTD.; Defendant: EYE CATCH SIGNS LTD.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
18 December 2008
Procedural Posture
Small Claims Court / Decision (trial)
Outcome
Judgment for Claimant: Defendant liable for cost of repairs and filing costs; no prejudgment interest awarded
Legal Topics
Breach of Contract, Implied Warranty of Workmanship, Measure of Damages — Cost of Repair Vs Diminution in Value, Mitigation and Betterment, Admissibility of Post Trial Evidence
Source Language
english
Contract Remedies Commercial/construction Breach of Contract Implied Warranty of Workmanship Measure of Damages — Cost of Repair Vs Diminution in Value Mitigation and Betterment Admissibility of Post Trial Evidence

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Parties

CENTURY 21 CLASSIC REALTY LTD.

Claimant

EYE CATCH SIGNS LTD.

Defendant

Procedural Posture

Small Claims Court / Decision (trial)

Legal Issues

  1. 1 Whether the sign was defectively designed such that nameplates warped
  2. 2 Whether the Defendant breached the contract and/or warranty
  3. 3 Appropriate measure of damages: cost of repair (cost of cure) versus diminution in value

Ratio Decidendi

Adjudicator found the sign was defectively designed and the Defendant breached the contract; the appropriate measure of damages is the proven cost to rectify ($8,635.46) because the preferred repair would restore what was originally contracted for and would not amount to an impermissible betterment; post-trial evidence (alternative Tremblay quote) was considered but did not displace the credible Mattatall estimate; filing costs awarded and prejudgment interest denied.

Court Disposition

Judgment for Claimant: Defendant liable for cost of repairs and filing costs; no prejudgment interest awarded

Orders

  • Defendant to pay Claimant $8,635.46 for repair costs
  • Defendant to pay Claimant filing costs of $174.12