Goobie v. Hoyt's Moving & Storage

Goobie v. Hoyt's Moving & Storage

Hoyt's acted with extraordinary negligence in storing and transporting the Claimants' goods, constituting a total failure of the contracted 'safe' service which disentitles Hoyt's to the contract price; Claimants awarded repair/replacement costs, prejudgment interest on the contract portion and filing costs; no...

Source-derived case information.

Citation
2007 NSSM 20
Parties
Claimant: Mark Goobie; Claimant: Elaine Goobie; Defendant: Hoyt's Moving & Storage; Defendant: Sussane Hoyt; Defendant: Lorraine Hunt
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 May 2007
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for the Claimants against Hoyt's Moving & Storage; action dismissed against Sussane Hoyt and Lorraine Hunt.
Legal Topics
Breach of Contract, Negligence, Damages Diminution of Value, Storage and Moving Services, Prejudgment Interest, Costs
Source Language
english
Contract Tort Negligence Consumer Law Breach of Contract Negligence Damages Diminution of Value Storage and Moving Services Prejudgment Interest +1 more

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Parties

Mark Goobie

Claimant

Elaine Goobie

Claimant

Hoyt's Moving & Storage

Defendant

Sussane Hoyt

Defendant

Lorraine Hunt

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether Hoyt's Moving & Storage was liable for damage to goods while in storage/transport
  2. 2 Whether the Claimants were entitled to reimbursement of the contract price due to failure of the contracted service
  3. 3 Quantum of damages for repairs and diminution in value

Ratio Decidendi

Hoyt's acted with extraordinary negligence in storing and transporting the Claimants' goods, constituting a total failure of the contracted 'safe' service which disentitles Hoyt's to the contract price; Claimants awarded repair/replacement costs, prejudgment interest on the contract portion and filing costs; no personal liability found for the other defendants.

Court Disposition

Judgment for the Claimants against Hoyt's Moving & Storage; action dismissed against Sussane Hoyt and Lorraine Hunt.

Orders

  • Judgment in favour of Mark and Elaine Goobie against Hoyt's Moving & Storage for $2,618.22
  • Action dismissed against Sussane Hoyt and Lorraine Hunt (no personal liability)