Awara v. Mader

Awara v. Mader

Claimants failed to prove on a balance of probabilities that the rear dormer was contractually included or that the defendants' work caused the leaks, and failed to establish a duty or breach for negligent advice; accordingly the claim is dismissed in its entirety.

Citation
2018 NSSM 68
Parties
Claimant: Mahmoud Awara; Claimant: Manal Elnenael; Defendant: Larry Mader; Defendant: Mader’s Roofing & Masonry Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 September 2018
Procedural Posture
Small Claims Court Contract and Negligence / Decision (reasons for Decision Rendered)
Outcome
Claim dismissed in its entirety.
Legal Topics
Breach of Contract, Negligent Misrepresentation, Duty of Care, Contract Interpretation, Burden of Proof, Damages, Scope of Work, Contract Ambiguity
Source Language
English
Contract Law Tort (negligence) Evidence Breach of Contract Negligent Misrepresentation Duty of Care Contract Interpretation Burden of Proof +3 more

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Parties

Mahmoud Awara

Claimant

Manal Elnenael

Claimant

Larry Mader

Defendant

Mader’s Roofing & Masonry Limited

Defendant

Procedural Posture

Small Claims Court Contract and Negligence / Decision (reasons for Decision Rendered)

Legal Issues

  1. 1 Whether the rear tunnel/eyebrow dormer was included in the contract scope
  2. 2 Whether the defendants breached the contract by failing to re-roof the rear dormer
  3. 3 Whether the defendants' roofing work caused the alleged leaks

Ratio Decidendi

Claimants failed to prove on a balance of probabilities that the rear dormer was contractually included or that the defendants' work caused the leaks, and failed to establish a duty or breach for negligent advice; accordingly the claim is dismissed in its entirety.

Court Disposition

Claim dismissed in its entirety.

Orders

  • Claim dismissed in its entirety.