Smith v. WJM Custom Home Renovations Inc.

Smith v. WJM Custom Home Renovations Inc.

Claimant was aware of and accepted the need for certified plumbing and related remedial work and paid without contemporaneous objection; therefore the plumbing and related repair charges were reasonable and payable. Finance charges were not proven as contractually authorized or supported by registration. Countertop...

Source-derived case information.

Citation
2015 NSSM 29
Parties
Claimant: Timothy J.K. Smith; Defendant: WJM Custom Home Renovations Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 July 2015
Procedural Posture
Small Claims / Decision
Outcome
Net judgment in favor of defendant. Claimant ordered to pay defendant a net amount of $3,665.83.
Legal Topics
Overbilling, Defective Workmanship, Counterclaim for Unpaid Invoices, Damages, Permitting
Source Language
english
Contract Construction Consumer Law Small Claims Overbilling Defective Workmanship Counterclaim for Unpaid Invoices Damages +1 more

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Summary, issues, holding and outcome

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Parties

Timothy J.K. Smith

Claimant

WJM Custom Home Renovations Inc.

Defendant

Procedural Posture

Small Claims / Decision

Legal Issues

  1. 1 Whether claimant is liable for additional plumbing costs passed on due to permit/certified plumber
  2. 2 Whether $395.00 for removal and repair of walls and floors was reasonably required
  3. 3 Whether defendant liable for damage to countertop and quantum of replacement

Ratio Decidendi

Claimant was aware of and accepted the need for certified plumbing and related remedial work and paid without contemporaneous objection; therefore the plumbing and related repair charges were reasonable and payable. Finance charges were not proven as contractually authorized or supported by registration. Countertop damage was found compensable; amounts were netted resulting in a judgment for the defendant in the net sum of $3,665.83.

Court Disposition

Net judgment in favor of defendant. Claimant ordered to pay defendant a net amount of $3,665.83.

Orders

  • Claimant to pay defendant $5073.22
  • Claimant to pay court costs $66.00