Scott v. MacDonald
Evidence established the defendant installed a defective roof that repeatedly failed; claimant paid for performance and is entitled to reimbursement of the contract price plus costs because the work did not fulfill the contractual purpose.
- Citation
- 2014 NSSM 44
- Parties
- CLAIMANT: Grace Scott; DEFENDANT: John Keith MacDonald
- Court
- Nova Scotia Small Claims Court
- Jurisdiction
- Canada
- Judgment Date
- 25 September 2014
- Procedural Posture
- Small Claims Court / Hearing and Judgment
- Outcome
- Judgment for claimant
- Legal Topics
- Breach of Contract, Defective Workmanship, Damages, Court Costs
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Grace Scott
CLAIMANT
John Keith MacDonald
DEFENDANT
Procedural Posture
Small Claims Court / Hearing and Judgment
Legal Issues
- 1 Whether the defendant breached the contract by installing a defective roof
- 2 Whether the claimant is entitled to reimbursement for the cost of replacement and associated costs
- 3 Whether the failure of the defendant to appear permits a judgment on the claimant's evidence
Ratio Decidendi
Evidence established the defendant installed a defective roof that repeatedly failed; claimant paid for performance and is entitled to reimbursement of the contract price plus costs because the work did not fulfill the contractual purpose.
Court Disposition
Judgment for claimant
Orders
- $9,630.38
- $193.55 court costs
Full Case Text
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