Smith v. Landry

Smith v. Landry

The adjudicator held the original November 2004 contract remained binding because the December 13, 2004 document was invalid for lack of consideration and genuine consent (signed under duress); the defendant failed to prove excessive wastage to justify a reduction; accordingly the claimant was entitled to recover $881.20 plus HST and costs and the claim against Century 21 Classic Realty Ltd. was discontinued.

Citation
2005 NSSM 37
Parties
Claimant: Shawn William George Smith; Defendant: Nora Landry
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 April 2005
Procedural Posture
Small Claims / Decision
Outcome
Claimant awarded judgment against defendant Nora Landry for $1,093.38; claim against Century 21 Classic Realty Ltd. discontinued.
Legal Topics
Contract Variation, Consideration, Duress, Waste in Construction, Damages Calculation, Tax (hst)
Source Language
English
Contract Law Construction Law Debt Recovery Contract Variation Consideration Duress Waste in Construction Damages Calculation +1 more

Case Brief

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Parties

Shawn William George Smith

Claimant

Nora Landry

Defendant

Procedural Posture

Small Claims / Decision

Legal Issues

  1. 1 Whether the December 13, 2004 agreement validly varied the November 2004 contract
  2. 2 Whether the December 13, 2004 agreement was signed under duress or lacked consideration
  3. 3 Whether defendant is entitled to a reduction for excess gyproc wastage

Ratio Decidendi

The adjudicator held the original November 2004 contract remained binding because the December 13, 2004 document was invalid for lack of consideration and genuine consent (signed under duress); the defendant failed to prove excessive wastage to justify a reduction; accordingly the claimant was entitled to recover $881.20 plus HST and costs and the claim against Century 21 Classic Realty Ltd. was discontinued.

Court Disposition

Claimant awarded judgment against defendant Nora Landry for $1,093.38; claim against Century 21 Classic Realty Ltd. discontinued.

Orders

  • Defendant Nora Landry shall pay claimant $881.20
  • Defendant shall pay HST of $132.18