Turner v. O'Neil

Turner v. O'Neil

Because time was not made of the essence and delay was caused by exceptional weather and mechanical issues beyond the defendant's control, the claimants had no contractual right to cancel; the defendant proved damages of $1,327.36 which offset the $1,400 deposit, leaving the claimants entitled to the balance plus costs, for a judgment of $154.11.

Citation
2011 NSSM 56
Parties
Claimant: SEAN C. TURNER; Claimant: TERRI I. TURNER; Defendant: PETER O'NEIL; Defendant: O'NEIL'S PROPERTY SERVICES (OPS)
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 September 2011
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part; judgment for the Claimants in the amount of $154.11.
Legal Topics
Breach of Contract, Deposit, Time of the Essence, Implied Terms, Damages Calculation
Source Language
English
Contract Law Remedies Small Claims Breach of Contract Deposit Time of the Essence Implied Terms Damages Calculation

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Parties

SEAN C. TURNER

Claimant

TERRI I. TURNER

Claimant

PETER O'NEIL

Defendant

O'NEIL'S PROPERTY SERVICES (OPS)

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the claimants were entitled to cancel the contract and recover their deposit
  2. 2 Whether exceptional wet weather and mechanical breakdown excused non-performance by the defendant
  3. 3 Whether time was of the essence in the contract

Ratio Decidendi

Because time was not made of the essence and delay was caused by exceptional weather and mechanical issues beyond the defendant's control, the claimants had no contractual right to cancel; the defendant proved damages of $1,327.36 which offset the $1,400 deposit, leaving the claimants entitled to the balance plus costs, for a judgment of $154.11.

Court Disposition

Claim allowed in part; judgment for the Claimants in the amount of $154.11.

Orders

  • Judgment for Sean C. Turner and Terri I. Turner against Peter O'Neil and O'Neil's Property Services in the sum of $154.11 (being the net deposit balance of $62.64 plus costs $91.47).