Finatics Aquariums & More Inc. v. G. Hunter Contracting Services Inc.

Finatics Aquariums & More Inc. v. G. Hunter Contracting Services Inc.

The adjudicator found the defendant company breached its contractual duty and obligations of skilled contractor by failing to ensure or instruct on proper placement of shelving (a known critical factor), and that breach foreseeably caused the repair costs and consequential losses; the company is liable for repair and electrical costs and assessed consequential damages, the counterclaim for unpaid invoice was dismissed because the repairs were necessitated by the defendant's breach, and there is no basis for personal liability of the director.

Citation
2014 NSSM 59
Parties
Claimant: FINATICS AQUARIUMS & MORE INC.; Defendant: G. HUNTER CONTRACTING SERVICES INC.; Defendant: GLENN HUNTER
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 October 2014
Procedural Posture
Small Claims Court / Decision (reasons for Decision)
Outcome
Judgment for Claimant against G. Hunter Contracting Services Inc.; counterclaim dismissed; no personal liability for Glenn Hunter.
Legal Topics
Breach of Contract, Negligence, Damages Assessment, Counterclaim, Corporate Limited Liability
Source Language
English
Contract Law Tort (negligence) Construction Law Commercial Law Remedies and Damages Breach of Contract Negligence Damages Assessment +2 more

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Parties

FINATICS AQUARIUMS & MORE INC.

Claimant

G. HUNTER CONTRACTING SERVICES INC.

Defendant

GLENN HUNTER

Defendant

Procedural Posture

Small Claims Court / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether defendant breached contract by failing to ensure proper placement of shelving which caused floor failure
  2. 2 Whether defendant was negligent in directing or permitting the tanks to be emptied and in failing to minimize disruption
  3. 3 Whether defendant is liable for electrical repairs due to non-durable electrical work by subcontractor

Ratio Decidendi

The adjudicator found the defendant company breached its contractual duty and obligations of skilled contractor by failing to ensure or instruct on proper placement of shelving (a known critical factor), and that breach foreseeably caused the repair costs and consequential losses; the company is liable for repair and electrical costs and assessed consequential damages, the counterclaim for unpaid invoice was dismissed because the repairs were necessitated by the defendant's breach, and there is no basis for personal liability of the director.

Court Disposition

Judgment for Claimant against G. Hunter Contracting Services Inc.; counterclaim dismissed; no personal liability for Glenn Hunter.

Orders

  • G. Hunter Contracting Services Inc. to pay Claimant CAD 4,921.69
  • Counterclaim by G. Hunter Contracting Services Inc. dismissed