McKay v. Brannen

McKay v. Brannen

Adjudicator accepted unchallenged expert evidence that the engineered hardwood floor failed due to workmanship defects (insufficient expansion gaps, inadequate nailing, improper subfloor) and rejected defendant's humidity-defense; defendant liable for breach of warranty; damages awarded for replacement and other deficiencies but limited to Small Claims monetary cap of $25,000 plus costs.

Citation
2014 NSSM 43
Parties
Claimant: GORDON McKAY; Claimant: MAUREEN McKAY; Defendant: JOHN BRANNEN; Defendant: BRANNEN: CRAFTSMEN LTD.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
26 August 2014
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for the Claimants
Legal Topics
Builder Negligence, Breach of Warranty, Damages, Personal Liability of Director, Contract Formation
Source Language
English
Construction Contract Tort Builder Negligence Breach of Warranty Damages Personal Liability of Director Contract Formation

Case Brief

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Parties

GORDON McKAY

Claimant

MAUREEN McKAY

Claimant

JOHN BRANNEN

Defendant

BRANNEN: CRAFTSMEN LTD.

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the defendant breached an implied warranty to perform work in a good and workmanlike manner
  2. 2 Causation and apportionment of responsibility between alleged workmanship defects and post-installation humidity/owner conduct
  3. 3 Measure of damages for defective construction and appropriate remedial cost

Ratio Decidendi

Adjudicator accepted unchallenged expert evidence that the engineered hardwood floor failed due to workmanship defects (insufficient expansion gaps, inadequate nailing, improper subfloor) and rejected defendant's humidity-defense; defendant liable for breach of warranty; damages awarded for replacement and other deficiencies but limited to Small Claims monetary cap of $25,000 plus costs.

Court Disposition

Judgment for the Claimants

Orders

  • Judgment for $25,000.00 plus costs of $193.55 against the Defendants jointly.