Allain v. J.L. Clements Construction Ltd.

Allain v. J.L. Clements Construction Ltd.

Adjudicator found credible evidence that work was performed both upstairs and downstairs approximating the amounts advanced (assessed completed work plus upstairs totalled $12,636 including HST against $15,000 paid), that tenant interference contributed to noncompletion but did not establish the Defendant's liability to refund, and that the Defendant's counterclaim and patio claim lacked sufficient evidentiary support; therefore both claim and counterclaim were dismissed and no costs awarded.

Citation
2012 NSSM 40
Parties
Claimant: Doris-Ann Allain; Defendant: J.L. Clements Construction Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 March 2012
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed; counterclaim dismissed; no order as to costs.
Legal Topics
Breach of Contract, Frustration of Contract, Quantum of Damages, Counterclaim, Advance Payments
Source Language
English
Contract Law Construction/renovation Property Law Landlord Tenant Interface Breach of Contract Frustration of Contract Quantum of Damages Counterclaim +1 more

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Parties

Doris-Ann Allain

Claimant

J.L. Clements Construction Ltd.

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the Defendant performed the contracted renovation work and is liable to refund advanced payments
  2. 2 Whether the Defendant is entitled to payment or set-off for work performed and for a patio previously completed
  3. 3 Quantification of value of incomplete work and effect of tenant interference on performance

Ratio Decidendi

Adjudicator found credible evidence that work was performed both upstairs and downstairs approximating the amounts advanced (assessed completed work plus upstairs totalled $12,636 including HST against $15,000 paid), that tenant interference contributed to noncompletion but did not establish the Defendant's liability to refund, and that the Defendant's counterclaim and patio claim lacked sufficient evidentiary support; therefore both claim and counterclaim were dismissed and no costs awarded.

Court Disposition

Claim dismissed; counterclaim dismissed; no order as to costs.

Orders

  • Claim dismissed
  • Counterclaim dismissed