Find a Pro Inc. v. Byce

Find a Pro Inc. v. Byce

Adjudicator found tile work and associated installation were defective such that defendants were entitled to recover the cost to repurchase and reinstall tiles; claimant was nonetheless entitled to limited recovery for items it properly supplied (vanity and green board) and the remaining balance owed on plumbing/electrical. Therefore both parties succeed in part and monetary awards are apportioned to reflect defective performance, credits, and prior payments.

Citation
2005 NSSM 35
Parties
Claimant/defendant by Counterclaim: FIND A PRO INC.; Defendants/claimants by Counterclaim: NEIL BYCE AND MARILYN BYCE
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 October 2005
Procedural Posture
Small Claims Court Consumer/contract Dispute / Decision (final)
Outcome
Claimant succeeds in part; Defendants succeed in part on counterclaim; mutual monetary awards and costs allowed to each party to the extent stated.
Legal Topics
Workmanship, Breach of Contract, Counterclaim, Setoff/credit, Statutory Consumer Standards
Source Language
English
Consumer Protection Contract Law Construction/renovation Disputes Remedies/damages Workmanship Breach of Contract Counterclaim Setoff/credit +1 more

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Parties

FIND A PRO INC.

Claimant/defendant by Counterclaim

NEIL BYCE AND MARILYN BYCE

Defendants/claimants by Counterclaim

Procedural Posture

Small Claims Court Consumer/contract Dispute / Decision (final)

Legal Issues

  1. 1 Whether the claimant is entitled to the unpaid invoice given alleged defective workmanship
  2. 2 Whether the defendants are entitled to recover costs to redo bathroom work and repurchase tiles under their counterclaim
  3. 3 How to allocate credits, offsets and partial recoveries between parties in light of partial payments and defective performance

Ratio Decidendi

Adjudicator found tile work and associated installation were defective such that defendants were entitled to recover the cost to repurchase and reinstall tiles; claimant was nonetheless entitled to limited recovery for items it properly supplied (vanity and green board) and the remaining balance owed on plumbing/electrical. Therefore both parties succeed in part and monetary awards are apportioned to reflect defective performance, credits, and prior payments.

Court Disposition

Claimant succeeds in part; Defendants succeed in part on counterclaim; mutual monetary awards and costs allowed to each party to the extent stated.

Orders

  • Award to Claimant: $500.00 for vanity (CAD)
  • Award to Claimant: $100.00 for green board (CAD)