Ferris v. Sampson

Ferris v. Sampson

The fence was constructed defectively and not in a workmanlike manner, constituting breach of express and implied warranties; claimant proved loss and is entitled to damages of $5,484.83 plus costs of $693.85; the claim against the corporate defendant succeeds and there is no basis to impose personal liability on...

Source-derived case information.

Citation
2018 NSSM 102
Parties
Claimant: Allison Ferris; Defendant: Keith A. Sampson; Defendant: Stillwater Contracting Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 December 2018
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimant against Stillwater Contracting Ltd. in the amount of $6,178.68; claim against Keith A. Sampson dismissed.
Legal Topics
Breach of Contract, Workmanship, Damages, Subcontractor Liability, Costs
Source Language
english
Contract Construction Tort Breach of Contract Workmanship Damages Subcontractor Liability Costs

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Parties

Allison Ferris

Claimant

Keith A. Sampson

Defendant

Stillwater Contracting Ltd.

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the fence construction was performed in a workmanlike manner
  2. 2 Whether the Defendant breached express and implied warranties
  3. 3 Proper measure and extent of damages to award

Ratio Decidendi

The fence was constructed defectively and not in a workmanlike manner, constituting breach of express and implied warranties; claimant proved loss and is entitled to damages of $5,484.83 plus costs of $693.85; the claim against the corporate defendant succeeds and there is no basis to impose personal liability on Mr. Sampson.

Court Disposition

Judgment for Claimant against Stillwater Contracting Ltd. in the amount of $6,178.68; claim against Keith A. Sampson dismissed.

Orders

  • Award damages to Claimant in the amount of $5,484.83 against Stillwater Contracting Ltd.
  • Award costs to Claimant in the amount of $693.85 against Stillwater Contracting Ltd.