Beaverbrook Holmes Ltd. v. Stapleton

Adjudicator found the defendants received and requested the extras and therefore must pay for them but reduced the invoice by 15% because there was no agreement to the markup; the defendants' asserted deficiencies were resolved by acceptance of a warranty settlement and the unsubstantiated quotation was rejected, and the lost wages claim lacked evidentiary support, resulting in an award to the claimant of $11,805.42 plus costs and dismissal of the counterclaim.

Citation: 2009 NSSM 17
Parties: Claimant: Beaverbrook Holmes Limited; Defendant: Roger and Susan Stapleton
Court: Nova Scotia Small Claims Court
Jurisdiction: Canada
Judgment Date: 14 May 2009
Procedural Posture: Small Claims Court / Decision
Outcome: Claimant awarded $11,805.42 plus costs; counterclaim dismissed.
Legal Topics: Nonpayment, Change Orders, Extras, Deficiencies, Counterclaim, Costs, Damages
Source Language: English

Contract Construction Civil Procedure Nonpayment Change Orders Extras Deficiencies Counterclaim +2 more

Case Brief

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Full judgment text Legal principles 4 Party arguments 2 Amounts and remedies 10

Parties

Beaverbrook Holmes Limited

Claimant

Roger and Susan Stapleton

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

1 Whether claimant is entitled to payment for extras not documented by signed change orders
2 Whether defendants' counterclaim for deficiencies and costs is supported by admissible evidence
3 Whether a 15% markup can be charged absent prior agreement

Ratio Decidendi

Court Disposition

Claimant awarded $11,805.42 plus costs; counterclaim dismissed.

Orders

Defendants shall pay claimant $11,805.42
Defendants shall pay claimant $174.13