Hammond v. Elshanti,

Adjudicator found defendants liable for repair costs to foundation and siding totalling $4,310.77, allowed a set-off of $2,500.00 against that award for the contract balance/undone work, awarded the claimant $1,810.77 plus costs of $217.45, for a total judgment of $2,028.22 against Atlantic Rubber Paving Inc., and dismissed the claim against Ray Elshanti personally.

Citation: 2018 NSSM 71
Parties: Claimant: Greg Hammond; Defendant: Ray Elshanti; Defendant: Atlantic Rubber Paving Inc.
Court: Nova Scotia Small Claims Court
Jurisdiction: Canada
Judgment Date: 5 October 2018
Procedural Posture: Small Claims Court / Decision Rendered
Outcome: Judgment for Claimant against Atlantic Rubber Paving Inc. in the amount of CAD 2,028.22; claim against Ray Elshanti dismissed.
Legal Topics: Breach of Contract, Damages, Set Off, Remedies, Costs
Source Language: English

Contract Law Tort Property Damage Consumer/construction Disputes Breach of Contract Damages Set Off Remedies +1 more

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Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 8

Parties

Greg Hammond

Claimant

Ray Elshanti

Defendant

Atlantic Rubber Paving Inc.

Defendant

Procedural Posture

Small Claims Court / Decision Rendered

Legal Issues

1 Whether defendant liable for property damage caused during performance of contract
2 Whether claimant entitled to rescission/refund or damages and set-off against contract balance
3 Whether the rubber driveway product was a total failure requiring replacement or salvageable

Ratio Decidendi

Court Disposition

Judgment for Claimant against Atlantic Rubber Paving Inc. in the amount of CAD 2,028.22; claim against Ray Elshanti dismissed.

Orders

Defendant Atlantic Rubber Paving Inc. to pay Claimant CAD 2,028.22
Set-off of CAD 2,500.00 allowed against damages for work undone/inadequate