Robarts v. Belshaw

Robarts v. Belshaw

On the rehearing the claimant proved the contract and that the contracted work was performed; witnesses and documentary evidence supported delivery of topsoil from Terra Nova and at least 9.5 cubic yards, the defendant failed to corroborate assertions of rerouting or contaminated soil, and there was no evidence of negligent or unworkmanlike performance, therefore judgment is entered for the claimant for the agreed contract price plus interest and costs and the counterclaim is dismissed.

Citation
2016 NSSM 63
Parties
Claimant: Trevor Stuart Robarts; Defendant: Frank Steven (Steve) Belshaw
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 October 2016
Procedural Posture
Small Claims Breach of Contract / Decision After Rehearing
Outcome
Judgment for Claimant; counterclaim dismissed
Legal Topics
Breach of Contract, Good and Workmanlike Performance, Joinder of Parties, Prejudgment Interest, Costs
Source Language
English
Contract Civil Procedure Remedies Small Claims Breach of Contract Good and Workmanlike Performance Joinder of Parties Prejudgment Interest +1 more

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Parties

Trevor Stuart Robarts

Claimant

Frank Steven (Steve) Belshaw

Defendant

Procedural Posture

Small Claims Breach of Contract / Decision After Rehearing

Legal Issues

  1. 1 Whether a contract existed between the parties
  2. 2 Whether the claimant fulfilled the contractual obligations
  3. 3 Whether the work was performed in a good and workmanlike manner

Ratio Decidendi

On the rehearing the claimant proved the contract and that the contracted work was performed; witnesses and documentary evidence supported delivery of topsoil from Terra Nova and at least 9.5 cubic yards, the defendant failed to corroborate assertions of rerouting or contaminated soil, and there was no evidence of negligent or unworkmanlike performance, therefore judgment is entered for the claimant for the agreed contract price plus interest and costs and the counterclaim is dismissed.

Court Disposition

Judgment for Claimant; counterclaim dismissed

Orders

  • Judgment in favour of Trevor Robarts against Frank Steven (Steve) Belshaw for $3870.00
  • Prejudgment interest fixed at $70.00