Debaie v. Milson

Debaie v. Milson

The claimant failed to prove entitlement to further payment and breached contractual and professional duties by performing defective work, failing to obtain required permits and comply with building code; the defendant proved damages for remediation, and the court awarded the defendant reduced damages of $25,000...

Source-derived case information.

Citation
2023 NSSM 96
Parties
Claimant: Dennis Debaie; Defendant: Tracy Milsom
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 November 2023
Procedural Posture
Small Claims Court / Final Decision
Outcome
Claim dismissed; Counterclaim allowed in part
Legal Topics
Breach of Contract, Defective Workmanship, Building Code Compliance, Permits, Damages, Counterclaim
Source Language
english
Construction Law Contract Law Property Law Breach of Contract Defective Workmanship Building Code Compliance Permits Damages +1 more

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Parties

Dennis Debaie

Claimant

Tracy Milsom

Defendant

Procedural Posture

Small Claims Court / Final Decision

Legal Issues

  1. 1 Whether the claimant was entitled to payment for renovation work
  2. 2 Whether the defendant proved damages from defective work and non-compliance with building code and permits
  3. 3 Whether the claimant breached contractual duties including duty to obtain permits and perform to code

Ratio Decidendi

The claimant failed to prove entitlement to further payment and breached contractual and professional duties by performing defective work, failing to obtain required permits and comply with building code; the defendant proved damages for remediation, and the court awarded the defendant reduced damages of $25,000 plus $66 filing fee to fit the court's monetary jurisdiction.

Court Disposition

Claim dismissed; Counterclaim allowed in part

Orders

  • Claim dismissed.
  • Judgment for Defendant against Claimant in the amount of $25,000.00 plus costs of $66.00, for a total of $25,066.00.