Kincek v. Dares

Kincek v. Dares

The defendant breached the contractual obligation to perform reasonable periodic inspections; the claimant proved damages to the exterior caused by that breach but failed to prove on a balance of probabilities that the defendant caused or should be liable for interior damages or diminution in market value resulting from the marijuana grow-op; finder’s fee not recoverable; award limited to quantifiable exterior and ancillary costs totaling $5,273.10.

Citation
2007 NSSM 47
Parties
Claimant: Richard Kincek; Defendant: Paul Dares
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 June 2007
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimant against Defendant for $5,273.10
Legal Topics
Breach of Contract, Damages, Duty to Inspect, Causation and Remoteness, Property Management
Source Language
English
Contract Law Property Law Breach of Contract Damages Duty to Inspect Causation and Remoteness Property Management

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Parties

Richard Kincek

Claimant

Paul Dares

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the defendant breached the contractual duty to perform periodic inspections
  2. 2 Whether the defendant had prior acquaintance with the tenants
  3. 3 Whether damages claimed (interior and exterior) are causally attributable to the defendant's breach

Ratio Decidendi

The defendant breached the contractual obligation to perform reasonable periodic inspections; the claimant proved damages to the exterior caused by that breach but failed to prove on a balance of probabilities that the defendant caused or should be liable for interior damages or diminution in market value resulting from the marijuana grow-op; finder’s fee not recoverable; award limited to quantifiable exterior and ancillary costs totaling $5,273.10.

Court Disposition

Judgment for Claimant against Defendant for $5,273.10

Orders

  • Judgment in favour of Richard Kincek against Paul Dares in the amount of $5,273.10
  • Awarded 50% of monthly rental fees plus HST: $2,281.60