Ramos v. Steeves (Gary Steeves Property Care)

Ramos v. Steeves (Gary Steeves Property Care)

Defendant materially breached the renovation contract by failing to complete the work; claimant is entitled to rescind the contract, recover amounts advanced less a $4,500 allowance for the roof joist repair, with prejudgment interest and costs, resulting in judgment for the claimant in the amount awarded.

Citation
2018 NSSM 64
Parties
Claimant: Maria Josefina Ramos; Defendant: Gary Steeves
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
18 June 2018
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part; rescission of contract and judgment for Claimant.
Legal Topics
Breach of Contract, Rescission, Damages, Prejudgment Interest, Costs
Source Language
English
Contract Law Construction Law Remedies Breach of Contract Rescission Damages Prejudgment Interest Costs

Case Brief

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Parties

Maria Josefina Ramos

Claimant

Gary Steeves

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the defendant breached the renovation contract by failing to complete work
  2. 2 Whether the claimant is entitled to rescission and repayment of amounts advanced
  3. 3 Quantum of damages and entitlement to credit for work performed

Ratio Decidendi

Defendant materially breached the renovation contract by failing to complete the work; claimant is entitled to rescind the contract, recover amounts advanced less a $4,500 allowance for the roof joist repair, with prejudgment interest and costs, resulting in judgment for the claimant in the amount awarded.

Court Disposition

Claim allowed in part; rescission of contract and judgment for Claimant.

Orders

  • Damages Awarded $17,500.00
  • Prejudgment Interest (4% per annum for 4 mos) $233.33