Permacrete Restoration Services Ltd. v. Kelly

Permacrete Restoration Services Ltd. v. Kelly

On the balance of probabilities the deficiencies in the stamped concrete resulted from matters within the Claimant's control and the Claimant therefore is not entitled to any further payment beyond the half payment already made by the Defendant; the claim is dismissed.

Source-derived case information.

Citation
2009 NSSM 27
Parties
Claimant: Permacrete Restoration Services Limited; Defendant: Paul Kelly
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 June 2009
Procedural Posture
Small Claims Court Claim / Final Decision (reasons for Decision)
Outcome
Claim dismissed; no further amount owing by Defendant
Legal Topics
Breach of Contract, Defective Workmanship, Remedies, Damages, Standard of Proof
Source Language
english
Contract Construction Breach of Contract Defective Workmanship Remedies Damages Standard of Proof

Source-derived case record

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Parties

Permacrete Restoration Services Limited

Claimant

Paul Kelly

Defendant

Procedural Posture

Small Claims Court Claim / Final Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the Claimant is entitled to the balance of the contract price
  2. 2 Whether the Defendant or the labour he supplied caused or contributed to the defective work
  3. 3 Allocation of responsibility for defective workmanship where contractor supplies labour and materials

Ratio Decidendi

On the balance of probabilities the deficiencies in the stamped concrete resulted from matters within the Claimant's control and the Claimant therefore is not entitled to any further payment beyond the half payment already made by the Defendant; the claim is dismissed.

Court Disposition

Claim dismissed; no further amount owing by Defendant

Orders

  • Claim dismissed
  • No additional payment owing by the Defendant beyond the one-half already paid