Ross v. Mabley

Ross v. Mabley

Claimant entitled to payment of $1,530 plus costs because he performed work under the contract and the defendant failed to prove unauthorized or unsafe electrical work or that the claimant was on clear notice of liability for the defendant’s lost rent; the defendant’s counterclaim is dismissed.

Citation
2016 NSSM 59
Parties
Claimant: Daniel F. Ross; Defendant: Phil Mabley
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
1 December 2016
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for the claimant for $1,530.00 plus costs of $99.70; counterclaim dismissed.
Legal Topics
Breach of Contract, Delay Damages, Counterclaim, Licensing of Electricians, Payment Dispute
Source Language
English
Contract Law Construction Law Property Law Breach of Contract Delay Damages Counterclaim Licensing of Electricians Payment Dispute

Case Brief

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Parties

Daniel F. Ross

Claimant

Phil Mabley

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether claimant is entitled to payment for renovation work performed
  2. 2 Whether defendant’s counterclaim for damages for delay is valid
  3. 3 Whether claimant performed unauthorized electrical work requiring a licensed electrician

Ratio Decidendi

Claimant entitled to payment of $1,530 plus costs because he performed work under the contract and the defendant failed to prove unauthorized or unsafe electrical work or that the claimant was on clear notice of liability for the defendant’s lost rent; the defendant’s counterclaim is dismissed.

Court Disposition

Judgment for the claimant for $1,530.00 plus costs of $99.70; counterclaim dismissed.

Orders

  • Judgment awarded to claimant in the amount of $1,530.00.
  • Costs awarded to claimant in the amount of $99.70.