Williams v. Gaillard

Williams v. Gaillard

On the balance of probabilities the adjudicator found Jeremy more likely to have urinated on the mattress given his intoxication, the quantity of urine and lack of alternative explanations, and therefore is liable for the replacement and associated costs; his parents are not liable because he was an adult and...

Source-derived case information.

Citation
2013 NSSM 16
Parties
Claimant: Marlene Williams; Claimant: Eric Jacobi; Defendant: Jeremy Gaillard; Defendant: Thomas Gaillard; Defendant: Sharon Gaillard
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
26 February 2013
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimants against Defendant Jeremy Gaillard for $675.39; claims against Thomas and Sharon Gaillard dismissed.
Legal Topics
Negligence, Damages, Parental Liability
Source Language
english
Torts Property Civil Procedure Negligence Damages Parental Liability

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Parties

Marlene Williams

Claimant

Eric Jacobi

Claimant

Jeremy Gaillard

Defendant

Thomas Gaillard

Defendant

Sharon Gaillard

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether Jeremy Gaillard caused urine damage to the plaintiffs' mattress
  2. 2 Whether Thomas and Sharon Gaillard are liable for Jeremy's actions
  3. 3 Whether the claimed remediation costs are recoverable and in what amount

Ratio Decidendi

On the balance of probabilities the adjudicator found Jeremy more likely to have urinated on the mattress given his intoxication, the quantity of urine and lack of alternative explanations, and therefore is liable for the replacement and associated costs; his parents are not liable because he was an adult and parental liability does not routinely extend to adult children.

Court Disposition

Judgment for Claimants against Defendant Jeremy Gaillard for $675.39; claims against Thomas and Sharon Gaillard dismissed.

Orders

  • Defendant Jeremy Gaillard is ordered to pay $583.92 for the replacement mattress plus $91.47 (cost of issuing the claim), total $675.39.
  • Claims against Thomas Gaillard and Sharon Gaillard are dismissed; no relief awarded against them.