D'Arcy v. McCarthy Roofing Ltd.

D'Arcy v. McCarthy Roofing Ltd.

The court found the Defendant’s failures in performance and inspection (insufficient ice and water shield, inadequately opened ridge vent, defective flashing/vent work, rusting nails and failure to assess ventilation) materially caused or contributed to the roof failure and attendant mould damage; therefore Defendant breached its obligations and must pay damages, reduced for betterment assessed by the court.

Citation
2016 NSSM 10
Parties
Claimant: KIM ANN D’ARCY; Defendant: McCARTHY ROOFING LIMITED
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 March 2016
Procedural Posture
Small Claims Court Civil Claim for Breach of Contract and Related Torts / Decision Following Hearings (final Judgment)
Outcome
Judgment for Claimant in the amount of $15,986.00
Legal Topics
Breach of Contract, Negligence, Causation, Damages, Mitigation, Betterment, Expert Evidence, Mould Remediation
Source Language
English
Contract Tort Construction Law Breach of Contract Negligence Causation Damages Mitigation +3 more

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Parties

KIM ANN D’ARCY

Claimant

McCARTHY ROOFING LIMITED

Defendant

Procedural Posture

Small Claims Court Civil Claim for Breach of Contract and Related Torts / Decision Following Hearings (final Judgment)

Legal Issues

  1. 1 Whether deficiencies in the Defendant’s 2005 roofing work caused or contributed to the 2013 roof failure and attic mould damage
  2. 2 Whether the Defendant breached the contract specifications (ice and water shield, flashing, vent boots, nails) and breached a duty to inspect ventilation
  3. 3 Causation and apportionment of liability between multiple contributing factors

Ratio Decidendi

The court found the Defendant’s failures in performance and inspection (insufficient ice and water shield, inadequately opened ridge vent, defective flashing/vent work, rusting nails and failure to assess ventilation) materially caused or contributed to the roof failure and attendant mould damage; therefore Defendant breached its obligations and must pay damages, reduced for betterment assessed by the court.

Court Disposition

Judgment for Claimant in the amount of $15,986.00

Orders

  • Defendant to pay Claimant $15,986.00 inclusive of damages and costs