Tipping v. Howard E. Little Excavating Ltd.

Tipping v. Howard E. Little Excavating Ltd.

The court determined the insurer settlement did not include foundation damage; the Supreme Court had found negligence and remitted quantum to this court; on the evidence (reports and testimony of insurer's adjuster and engineer) the defendant caused two small areas of demolition damage and reasonable repair cost attributable to defendant's negligence is $4,000, therefore claimant entitled to $4,000 plus costs.

Citation
2013 NSSM 5
Parties
Claimant: Jeffrey Tipping; Defendant: Howard E. Little Excavating Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 January 2013
Procedural Posture
Small Claims Court Negligence (property Damage) / Rehearing on Remitted Issues (inclusion in Insurer Settlement and Damages)
Outcome
Judgment for claimant limited to minor demolition damage: damages awarded
Legal Topics
Negligence, Damages, Hearsay Evidence, Settlement Inclusion
Source Language
English
Tort Insurance Civil Procedure Negligence Damages Hearsay Evidence Settlement Inclusion

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Parties

Jeffrey Tipping

Claimant

Howard E. Little Excavating Ltd.

Defendant

Procedural Posture

Small Claims Court Negligence (property Damage) / Rehearing on Remitted Issues (inclusion in Insurer Settlement and Damages)

Legal Issues

  1. 1 Whether the claim respecting the foundation was included in insurer payout
  2. 2 Whether the defendant was negligent
  3. 3 Quantum of damages caused by defendant's negligence

Ratio Decidendi

The court determined the insurer settlement did not include foundation damage; the Supreme Court had found negligence and remitted quantum to this court; on the evidence (reports and testimony of insurer's adjuster and engineer) the defendant caused two small areas of demolition damage and reasonable repair cost attributable to defendant's negligence is $4,000, therefore claimant entitled to $4,000 plus costs.

Court Disposition

Judgment for claimant limited to minor demolition damage: damages awarded

Orders

  • $4000.00
  • $91.47 court costs