Household Finance Corporation of Canada v. Mansfield; Mansfield v. Floors Plus More

Household Finance Corporation of Canada v. Mansfield; Mansfield v. Floors Plus More

The assignee (HFC) is subject to a reasonable setoff for proven deficiencies which the court fixes at $2,500; contractual interest at 29.9% runs from April 1, 2003 to October 31, 2004; Mansfield and Powers cannot pursue the same deficiency claim against Floors Plus More after asserting setoff against the assignee, and HFC is entitled to judgment for the unpaid balance plus interest and costs.

Citation
2004 NSSM 9
Parties
Claimant: Household Finance Corporation of Canada; Defendant/claimant: Joseph Leslie Mansfield and Judy Lynn Powers; Defendant: Floors Plus More
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 December 2004
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment entered: Floors Plus More ordered to pay Mansfield and Powers $160.00; Mansfield and Powers ordered to pay HFC $13,617.82 (debt after setoff plus interest and costs); Mansfield and Powers' direct claim against Floors Plus More dismissed except for filing fee.
Legal Topics
Assignment of Contract, Right of Setoff, Breach of Contract, Calculation of Contractual Interest, Election Between Remedies, Costs
Source Language
English
Contract Assignment Setoff Civil Procedure Remedies Assignment of Contract Right of Setoff Breach of Contract +3 more

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Parties

Household Finance Corporation of Canada

Claimant

Joseph Leslie Mansfield and Judy Lynn Powers

Defendant/claimant

Floors Plus More

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether buyer may set off claimed deficiencies against assignee/financer
  2. 2 Proper measure of damages for alleged deficient workmanship
  3. 3 Whether contractual interest accrues prior to buyer's final approval or from date specified

Ratio Decidendi

The assignee (HFC) is subject to a reasonable setoff for proven deficiencies which the court fixes at $2,500; contractual interest at 29.9% runs from April 1, 2003 to October 31, 2004; Mansfield and Powers cannot pursue the same deficiency claim against Floors Plus More after asserting setoff against the assignee, and HFC is entitled to judgment for the unpaid balance plus interest and costs.

Court Disposition

Judgment entered: Floors Plus More ordered to pay Mansfield and Powers $160.00; Mansfield and Powers ordered to pay HFC $13,617.82 (debt after setoff plus interest and costs); Mansfield and Powers' direct claim against Floors Plus More dismissed except for filing fee.

Orders

  • Floors Plus More pay to Joseph Leslie Mansfield and Judy Lynn Powers the amount of $160.00.
  • Joseph Leslie Mansfield and Judy Lynn Powers pay to Household Finance Corporation of Canada: Debt $11,472.97 less setoff $2,500.00 = $8,972.97; Interest (19 months at 29.9% from April 1, 2003 to October 31, 2004) $4,247.95; Subtotal $13,220.92; Costs $396.90; Total $13,617.82.