Brown v. Magliaro and Bridge Paving Ltd.

Brown v. Magliaro and Bridge Paving Ltd.

Defendants liable jointly and severally. Damages awarded equal the reasonable cost to replace the driveway ($8,417.71) less betterment (1/8 = $1,052.21) and less the refund the claimant received ($4,600), yielding $2,765.50. Interest awarded on $7,365.50 from Sept 2021 to July 2023 at 4% ($540.14) and on $2,765.50...

Source-derived case information.

Citation
2023 NSSM 95
Parties
Claimant: Shawn William Brown; Defendant: Peter Magliaro; Defendant: Bridge Paving Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
24 December 2023
Procedural Posture
Small Claims Court Contract/tort Claim / Decision (post Hearing)
Outcome
Judgment for Claimant against Peter Magliaro and Bridge Paving Ltd., jointly and severally.
Legal Topics
Damages, Betterment, Pre Judgment Interest, Costs, Corporate Liability, Off the Books Cash Transactions
Source Language
english
Contract Law Tort (negligence) Civil Procedure Corporate Law Damages Betterment Pre Judgment Interest Costs +2 more

Source-derived case record

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Parties

Shawn William Brown

Claimant

Peter Magliaro

Defendant

Bridge Paving Ltd.

Defendant

Procedural Posture

Small Claims Court Contract/tort Claim / Decision (post Hearing)

Legal Issues

  1. 1 Whether the defendants are liable for defective driveway work
  2. 2 Measure of damages for breach of contract and/or negligence
  3. 3 Appropriate betterment deduction on replacement cost

Ratio Decidendi

Defendants liable jointly and severally. Damages awarded equal the reasonable cost to replace the driveway ($8,417.71) less betterment (1/8 = $1,052.21) and less the refund the claimant received ($4,600), yielding $2,765.50. Interest awarded on $7,365.50 from Sept 2021 to July 2023 at 4% ($540.14) and on $2,765.50 from July 2023 to decision ($46.09). Costs of filing and service awarded ($337.35). Total judgment $3,689.08. Individual defendant found to be at least a party to the contract such that personal liability is appropriate.

Court Disposition

Judgment for Claimant against Peter Magliaro and Bridge Paving Ltd., jointly and severally.

Orders

  • Judgment debt: $2,765.50 against the Defendants, jointly and severally
  • Pre-judgment and post-refund interest: $586.23 (composed of $540.14 and $46.09)