Veinot v Creaser

Veinot v Creaser

The defendant repudiated the contract by abandoning the project and ceasing communication for an extended period; the claimant was entitled to treat the contract as terminated and recover restitution of unearned payments plus the proven overage and modest general damages and filing costs; the counterclaim was dismissed.

Citation
2025 NSSM 77
Parties
Claimant / Defendant in Counterclaim: Diane Veinot; Defendant / Counterclaimant: Trevor Creaser
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
26 November 2025
Procedural Posture
Small Claims Breach of Contract (renovation) / Final Decision (adjudication)
Outcome
Claim allowed; counterclaim dismissed.
Legal Topics
Repudiation, Breach of Contract, Assessment of Damages, Restitution of Advance Payments, Mitigation, Dismissal of Counterclaim
Source Language
English
Contract Law Civil Procedure Remedies and Damages Repudiation Breach of Contract Assessment of Damages Restitution of Advance Payments Mitigation +1 more

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Parties

Diane Veinot

Claimant / Defendant in Counterclaim

Trevor Creaser

Defendant / Counterclaimant

Procedural Posture

Small Claims Breach of Contract (renovation) / Final Decision (adjudication)

Legal Issues

  1. 1 Whether the defendant repudiated the renovation contract through prolonged non‑communication and abandonment of the work
  2. 2 Whether the claimant is entitled to restitution for advance payments and damages to complete the work
  3. 3 Whether the defendant's excuse (missing paint colour/lost phone) rebuts repudiation

Ratio Decidendi

The defendant repudiated the contract by abandoning the project and ceasing communication for an extended period; the claimant was entitled to treat the contract as terminated and recover restitution of unearned payments plus the proven overage and modest general damages and filing costs; the counterclaim was dismissed.

Court Disposition

Claim allowed; counterclaim dismissed.

Orders

  • Defendant to pay Claimant $18,115.84 (monetary award for breach of contract)
  • Defendant to pay Claimant $100.00 general damages for inconvenience and stress