Stonetile Atlantic Inc. v. Tench

Stonetile Atlantic Inc. v. Tench

The court accepted the defendant's accounting of payments and credits and awarded the claimant $3,450.40 plus prejudgment interest and costs because the defendant failed to prove on the balance of probabilities that materials or workmanship were defective and provided no evidence of the cost to remedy staining, therefore no damages for staining or mandatory replacement could be awarded.

Citation
2012 NSSM 42
Parties
Claimant: Stonetile Atlantic Incorporated; Defendant: Lawrence Tench
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 March 2012
Procedural Posture
Small Claims Court / Decision Following Trial/hearing
Outcome
Judgment for claimant in part for monetary amounts awarded; counterclaim dismissed for lack of evidentiary foundation and no damages awarded for staining or mandatory replacement.
Legal Topics
Breach of Contract, Counterclaim, Prejudgment Interest, Costs, Warranty, Quantification of Damages, Credibility Findings, Specific Performance/declaratory Relief
Source Language
English
Contract Remedies Civil Procedure Property/construction Breach of Contract Counterclaim Prejudgment Interest Costs +4 more

Case Brief

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Parties

Stonetile Atlantic Incorporated

Claimant

Lawrence Tench

Defendant

Procedural Posture

Small Claims Court / Decision Following Trial/hearing

Legal Issues

  1. 1 Amount owing under the contract after payments and credits
  2. 2 Whether the claimant breached by failing to install tiles and/or supplied defective/staining materials
  3. 3 Whether staining was caused by defective materials or installation

Ratio Decidendi

The court accepted the defendant's accounting of payments and credits and awarded the claimant $3,450.40 plus prejudgment interest and costs because the defendant failed to prove on the balance of probabilities that materials or workmanship were defective and provided no evidence of the cost to remedy staining, therefore no damages for staining or mandatory replacement could be awarded.

Court Disposition

Judgment for claimant in part for monetary amounts awarded; counterclaim dismissed for lack of evidentiary foundation and no damages awarded for staining or mandatory replacement.

Orders

  • Defendant shall pay claimant $3,450.40
  • $590.02 prejudgment interest