Shaver v. Logan

Shaver v. Logan

Although the agreement for 40 lessons existed and the claimant did not receive the final two lessons or a certificate, the claimant failed to prove any actual monetary loss or medical injury resulting from the breach; therefore only nominal damages of $1 plus court costs were appropriate.

Citation
2016 NSSM 3
Parties
Claimant: Whitney Shaver; Defendant: Heather A Logan
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
19 March 2016
Procedural Posture
Small Claims Court Contract / Decision
Outcome
Judgment for claimant in nominal amount; claim otherwise dismissed.
Legal Topics
Breach of Contract, Nominal Damages, Service Trainer Contract, Proof of Damages, Remedies
Source Language
English
Contract Law Civil Damages Breach of Contract Nominal Damages Service Trainer Contract Proof of Damages Remedies

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Parties

Whitney Shaver

Claimant

Heather A Logan

Defendant

Procedural Posture

Small Claims Court Contract / Decision

Legal Issues

  1. 1 Whether there was a breach of contract
  2. 2 Whether the claimant proved monetary loss from the breach
  3. 3 Entitlement to refund or unpaid wages

Ratio Decidendi

Although the agreement for 40 lessons existed and the claimant did not receive the final two lessons or a certificate, the claimant failed to prove any actual monetary loss or medical injury resulting from the breach; therefore only nominal damages of $1 plus court costs were appropriate.

Court Disposition

Judgment for claimant in nominal amount; claim otherwise dismissed.

Orders

  • Award to claimant: $1.00 nominal damages
  • Award to claimant: $99.70 court costs