Roche's Flooring & Millwork Inc. v. MacIsaac

Roche's Flooring & Millwork Inc. v. MacIsaac

Defendant breached the implied contractual term by failing to exercise consistent competent workmanship; however claimant proved only part of claimed losses. The court apportioned and allowed limited damages (supply and labour for 30 cabinet backs, replacement and reinstallation for 10 cabinets, partial wall and electrical repair), disallowed remote or unproven items (forklift, driver accommodation, lost profits, extended accommodation and travel costs), allowed HST on materials only, deducted the holdback, and awarded prejudgment interest and filing costs yielding a total judgment of $4,678.74 in favour of the claimant.

Citation
2008 NSSM 66
Parties
Claimant: Roche’s Flooring & Millwork Inc.; Defendant: Glen MacIsaac; Defendant: R & G Interiors
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
19 August 2008
Procedural Posture
Small Claims Contract (faulty Workmanship) / Decision (reasons for Decision)
Outcome
Judgment for Claimant; total judgment $4,678.74
Legal Topics
Breach of Implied Term of Workmanship, Damages Quantification, Mitigation of Loss, Remoteness of Damages, Pre Judgment Interest, Set Off/holdback
Source Language
English
Contract Law Remedies Tax (hst) Breach of Implied Term of Workmanship Damages Quantification Mitigation of Loss Remoteness of Damages Pre Judgment Interest +1 more

Case Brief

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Parties

Roche’s Flooring & Millwork Inc.

Claimant

Glen MacIsaac

Defendant

R & G Interiors

Defendant

Procedural Posture

Small Claims Contract (faulty Workmanship) / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the defendant breached an implied contractual term to perform competent workmanship
  2. 2 Quantum of damages reasonably attributable to defendant's breach
  3. 3 Whether claimant mitigated losses and whether some losses were too remote

Ratio Decidendi

Defendant breached the implied contractual term by failing to exercise consistent competent workmanship; however claimant proved only part of claimed losses. The court apportioned and allowed limited damages (supply and labour for 30 cabinet backs, replacement and reinstallation for 10 cabinets, partial wall and electrical repair), disallowed remote or unproven items (forklift, driver accommodation, lost profits, extended accommodation and travel costs), allowed HST on materials only, deducted the holdback, and awarded prejudgment interest and filing costs yielding a total judgment of $4,678.74 in favour of the claimant.

Court Disposition

Judgment for Claimant; total judgment $4,678.74

Orders

  • Judgment for Roche’s Flooring & Millwork Inc. against Glen MacIsaac and R & G Interiors in the amount of $4,678.74
  • Pre-judgment interest at 4% on the non-HST portion from November 1, 2007 totaling $130.95