Derago v. Doctor

Derago v. Doctor

The handwritten contemporaneous sketch showing a stepped fence and the defendant's credible evidence established the agreed specification; the claimant's work did not conform to that contractual specification, had no value to the defendant, and therefore the claimant was not entitled to payment.

Source-derived case information.

Citation
2017 NSSM 58
Parties
Claimant: Mladen Derago; Defendant: Faun Doctor
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 October 2017
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed
Legal Topics
Breach of Contract, Oral Contract, Scope of Work, Damages, Credibility
Source Language
english
Contract Law Construction/services Small Claims Breach of Contract Oral Contract Scope of Work Damages Credibility

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mladen Derago

Claimant

Faun Doctor

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the claimant performed work in accordance with the contract
  2. 2 Whether the claimant is entitled to payment for partial performance
  3. 3 Whether the defendant suffered loss and mitigation by hiring another contractor

Ratio Decidendi

The handwritten contemporaneous sketch showing a stepped fence and the defendant's credible evidence established the agreed specification; the claimant's work did not conform to that contractual specification, had no value to the defendant, and therefore the claimant was not entitled to payment.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.