R.A.E. Properties Inc. v. MacKinnon

R.A.E. Properties Inc. v. MacKinnon

Defendant liable for breach of the implied term of competent workmanship and for negligent installation; claimant entitled to costs of immediate replacement measured by receipts allowed, plus prejudgment interest and filing cost; manufacturer not before the court so any contribution claim is outside this proceeding.

Citation
2024 NSSM 27
Parties
Claimant: R.A.E. Properties Incorporated; Defendant: Ron MacKinnon
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 May 2024
Procedural Posture
Small Claims Court Claim / Decision (adjudication)
Outcome
Judgment for Claimant R.A.E. Properties Incorporated
Legal Topics
Breach of Contract Workmanship, Implied Term of Workmanlike Performance, Negligent Installation, Remedial Damages, Pre Judgment Interest, Jurisdictional Limit
Source Language
English
Contract Law Tort (negligence) Breach of Contract Workmanship Implied Term of Workmanlike Performance Negligent Installation Remedial Damages Pre Judgment Interest Jurisdictional Limit

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

R.A.E. Properties Incorporated

Claimant

Ron MacKinnon

Defendant

Procedural Posture

Small Claims Court Claim / Decision (adjudication)

Legal Issues

  1. 1 Whether the defendant breached an implied term to perform services in a competent, workmanlike manner
  2. 2 Whether the flooring defects arose from defective product or negligent/defective installation
  3. 3 Measure and quantum of damages for defective installation and immediate replacement

Ratio Decidendi

Defendant liable for breach of the implied term of competent workmanship and for negligent installation; claimant entitled to costs of immediate replacement measured by receipts allowed, plus prejudgment interest and filing cost; manufacturer not before the court so any contribution claim is outside this proceeding.

Court Disposition

Judgment for Claimant R.A.E. Properties Incorporated

Orders

  • Award of remediation damages: $24,508.10 CAD
  • Pre-judgment simple interest from May 21, 2023 to decision at 4% pursuant to Regulation 16: $980.32 CAD