MacInnis v. Arsenault

Parties

Procedural Posture

Small Claims Court / Decision

Legal Issues

1. 1 Whether the contractor breached duties in contract and tort by failing to advise and pursue the optimal drainage solution
2. 2 Whether access to the municipal catch basin was a feasible alternative and whether the contractor should have pursued a permit
3. 3 Causation and recoverability of remediation costs paid by the claimant

Ratio Decidendi

The adjudicator found the defendant breached his duty as a reasonably competent contractor by failing to identify and pursue the feasible alternative of obtaining municipal permission to connect to a catch basin and by failing to properly advise the engineer and the client; the breach caused the claimant to incur $1,500 for remediation and the claimant is entitled to recover that amount and the filing fee.

Court Disposition

Claim allowed in part; judgment for claimant

Orders

• Claimant entitled to his filing fee
• Defendant to pay claimant $1,575.00