Davies v. Terry Ritchie’s Construction

Davies v. Terry Ritchie’s Construction

The adjudicator accepted the defendant's credible itemized valuations as the only reliable evidence to quantify unfinished work and awarded $1,560 for those items; the claimant failed to prove expenditures for driveway damage or link the undated, non-specific $700 invoice to her project, so those claims and the...

Source-derived case information.

Citation
2019 NSSM 56
Parties
Claimant: Katherine C. Davies; Defendant: Terry Ritchie's Construction
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 October 2019
Procedural Posture
Small Claims / Decision (final)
Outcome
Judgment for claimant for incomplete work in the amount of $1,560.00; counterclaim disallowed; no award for driveway damages; claimant awarded court filing fee conditionally subject to production of service invoice.
Legal Topics
Breach of Contract, Damages, Counterclaim, Liability for Subcontractors, Burden of Proof
Source Language
english
Contract Tort Evidence Breach of Contract Damages Counterclaim Liability for Subcontractors Burden of Proof

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Parties

Katherine C. Davies

Claimant

Terry Ritchie's Construction

Defendant

Procedural Posture

Small Claims / Decision (final)

Legal Issues

  1. 1 Valuation of unfinished contract work
  2. 2 Claim for water damage to driveway caused by excavation
  3. 3 Validity and proof for defendant's $700 counterclaim for excavating

Ratio Decidendi

The adjudicator accepted the defendant's credible itemized valuations as the only reliable evidence to quantify unfinished work and awarded $1,560 for those items; the claimant failed to prove expenditures for driveway damage or link the undated, non-specific $700 invoice to her project, so those claims and the counterclaim were dismissed.

Court Disposition

Judgment for claimant for incomplete work in the amount of $1,560.00; counterclaim disallowed; no award for driveway damages; claimant awarded court filing fee conditionally subject to production of service invoice.

Orders

  • Award claimant $1,560.00 for unfinished work
  • Disallow defendant's counterclaim of $700 for excavating