Greg Brown Construction Ltd. v. MacIntyre

Greg Brown Construction Ltd. v. MacIntyre

The adjudicator found the claimant entitled to most of the claimed contract balance but reduced that entitlement by quantified credits for returned/substituted items, third‑party remediation and assessed offsets for remaining deficiencies and friend/relative work, resulting in a net award to the claimant;...

Source-derived case information.

Citation
2023 NSSM 90
Parties
Claimant: Greg Brown Construction Ltd.; Defendant: Judith MacIntyre
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 December 2023
Procedural Posture
Small Claims Court Construction Contract Dispute / Decision After Hearing
Outcome
Judgment for the Claimant in the net amount of $9,533.15 plus prejudgment interest at 4% from May 16, 2023; claimant awarded filing and service costs upon proof.
Legal Topics
Payment Dispute, Set Off/offset for Defects, Warranty, Mitigation, Prejudgment Interest, Costs
Source Language
english
Contract Law Construction Law Civil Procedure Remedies Payment Dispute Set Off/offset for Defects Warranty Mitigation +2 more

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Summary, issues, holding and outcome

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Parties

Greg Brown Construction Ltd.

Claimant

Judith MacIntyre

Defendant

Procedural Posture

Small Claims Court Construction Contract Dispute / Decision After Hearing

Legal Issues

  1. 1 Whether the Defendant owes the outstanding contract balance and extras
  2. 2 Whether the Defendant is entitled to offsets for defects and third‑party remediation
  3. 3 Whether the Claimant can withhold warranty obligations until full payment

Ratio Decidendi

The adjudicator found the claimant entitled to most of the claimed contract balance but reduced that entitlement by quantified credits for returned/substituted items, third‑party remediation and assessed offsets for remaining deficiencies and friend/relative work, resulting in a net award to the claimant; prejudgment interest and filing/service costs were also awarded under the applicable regulation.

Court Disposition

Judgment for the Claimant in the net amount of $9,533.15 plus prejudgment interest at 4% from May 16, 2023; claimant awarded filing and service costs upon proof.

Orders

  • Claimant awarded judgment against Defendant in the amount of CAD 9,533.15.
  • Prejudgment interest awarded at 4% from May 16, 2023 to date of release of this judgment pursuant to Regulation 16, Small Claims Court Forms and Procedures Regulations, NS Reg 17/93.