Canada Case Law

Heavenly Stairs and Custom Interiors Limited v. 3303743 Nova Scotia Limited

Court

Nova Scotia Small Claims Court

The subcontractor was dismissed for non‑workmanlike performance and therefore is not entitled to lost profit; materials ordered by the subcontractor were procured to satisfy Heavenly Stairs’ contract and so belong to Heavenly Stairs, with the advance offset by proven expenditures and credited returns, resulting in a net award to Heavenly Stairs.

Source excerpt

• Subcontractor liability
• Advance payment and offsets
• Return of special‑order materials
• Lost profits claim
• Good and workmanlike performance

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Bulkley Valley Restorations Ltd. v. Thurber

Court

Supreme Court of British Columbia

The court found no proved global contract, assessed the claim in quantum meruit, allowed a $1,850 set-off for proven deficiencies, and awarded judgment to the plaintiff.

• Formation of contract
• Scope of work
• Quantum meruit
• Damages and set-off
• Expert report admissibility and weight
• Pre-judgment interest

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England v. Saunders-Todd

Court

Nova Scotia Small Claims Court

The text message exchanges established a binding fixed-price contract for labour at $10,000 (taxes included); the defendants terminated the contract before completion but the work performed was substantial and deficiencies were minor, warranting a $300 abatement; credit for the $5,000 deposit and costs of $199.70 yields a judgment of $4,899.70 for the claimant.

Source excerpt

• Formation of contract
• Breach of contract
• Damages and abatement for deficiencies
• Use of electronic communications as contract evidence
• Costs

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Force Construction Ltd. v. Campbell

Court

Supreme Court of Nova Scotia

The judge exercised the broad discretion conferred by the Civil Procedure Rules, found that both parties equally contributed to the need for trial and achieved mixed success, declined to apply Rule 41A in this case, and ordered that each party bear their own costs, disbursements and pre-judgment interest.

Source excerpt

• Costs
• Rule 41a offers
• Disbursements
• Pre-judgment interest
• Judicial discretion on costs

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