D’Sylva v. K.D. Roofing Limited

D’Sylva v. K.D. Roofing Limited

The defendant's flat roof installation was deficient as established by credible expert evidence; the defendant's dismissive conduct and failure to respond amounted to denial of warranty and justified the claimant seeking replacement from another contractor; claimant entitled to damages for full replacement, expert fees, reasonable incidental repairs, filing and bailiff fees and prejudgment interest.

Citation
2018 NSSM 9
Parties
Claimant: Andrea D’Sylva; Defendant: K.D. Roofing Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 March 2018
Procedural Posture
Small Claims Court / Decision (reasons for Decision)
Outcome
Judgment for Claimant in part
Legal Topics
Roofing Defects, Warranties, Damages, Expert Evidence, Pre Judgment Interest
Source Language
English
Contract Law Consumer Protection Construction Law Roofing Defects Warranties Damages Expert Evidence Pre Judgment Interest

Case Brief

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Parties

Andrea D’Sylva

Claimant

K.D. Roofing Limited

Defendant

Procedural Posture

Small Claims Court / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the defendant breached the contract by installing a deficient flat roof
  2. 2 Whether the claimant was required to invoke the defendant's 10-year workmanship warranty before seeking other remedies
  3. 3 Whether the claimant's damages for replacement, expert fees and incidental repairs were reasonable and causally linked to the defendant's work

Ratio Decidendi

The defendant's flat roof installation was deficient as established by credible expert evidence; the defendant's dismissive conduct and failure to respond amounted to denial of warranty and justified the claimant seeking replacement from another contractor; claimant entitled to damages for full replacement, expert fees, reasonable incidental repairs, filing and bailiff fees and prejudgment interest.

Court Disposition

Judgment for Claimant in part

Orders

  • Defendant to pay the Claimant $6,555.00 for replacement of the flat roof by Evolution Roofing
  • Defendant to pay expert report fee $966.00 to Karmen Brison