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Contract law 2026 NSSM 8

Leyland v. Peck

Court
Nova Scotia Small Claims Court

The claimant's claim was dismissed for non-appearance with notice and no adjournment requested; the defendant's counterclaim was dismissed because the claimant did not establish an adequate evidentiary foundation for claimed reputational losses and lost revenue, and the InspectR insurance deductible was not recoverable under the Small Claims Court Act and Regulations which preclude awarding agent or barrister fees or analogous legal-support costs.

Source excerpt

  • Building inspection
  • Breach of contract
  • Counterclaim
  • Reputational damage
  • Insurance deductible
  • Evidentiary foundation
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Property law 2026 NSSM 5

Messenger v. Watkins

Court
Nova Scotia Small Claims Court

The claimant is entitled to reimbursement for the hot tub purchase price because he purchased and paid for it and retention by the defendant lacked a juristic basis; the claimant is entitled to nominal damages for the personal item (shoes); contributions to shared living expenses and domestic labour do not give rise to additional awards in the absence of an agreement or expectation of compensation, so the defendant is not entitled to offset for her labour.

Source excerpt

  • Recovery of personal property
  • Reimbursement for purchase
  • Cohabitation contributions
  • Offset for domestic labour
  • Damages and filing fee
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Residential tenancies 2026 NSSC 34

Salas v. Aya

Court
Supreme Court of Nova Scotia

The appeal is dismissed because the Adjudicator's factual findings were supported by the evidentiary record and there was no error of law or breach of natural justice; the appellants merely sought a re‑weighing of evidence, which is not available on appeal under s.32(1) of the Small Claims Court Act, and therefore the Adjudicator's award in favour of the tenants ($1,337.42) and costs ($50) is affirmed.

Source excerpt

  • Security deposit
  • Misappropriation of goods
  • Wear and tear vs. tenant damage
  • Cleaning charges
  • Pest control liability
  • Insurance deductible recovery
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Landlord and tenant law 2025 NSSM 72

JDE Property Management v. Deveaux

Court
Nova Scotia Small Claims Court

The adjudicator held that the appellants breached Statutory Condition 1 by failing to maintain the premises in a good state of repair (notably the flooring, assigned parking, and delayed heat pump/air exchanger repairs), that parking was included in the lease, and that the appellants must pay quantified compensation and either repair the parking by December 31, 2026 or assign equivalent spots; there was no breach of Statutory Condition 2 regarding routine heat pump servicing and no unlawful rent increase.

Source excerpt

  • Maintenance and repair obligations
  • Statutory conditions
  • Compensation for breach
  • Parking allocation
  • Heat pump and air exchanger repair
  • Flooring safety
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Landlord and tenant law 2025 NSSM 42

Wentzell v. NW

Court
Nova Scotia Small Claims Court

On a de novo review the adjudicator accepted the contemporaneous and subsequent witness statements and police report, found the tenants not credible and unlikely to have remedied the conduct, balanced the rights of all tenants and concluded the persistent disruptive behaviour justified terminating the tenancy despite asserted disabilities; therefore the tenancy is terminated and vacant possession ordered by the specified date.

Source excerpt

  • Termination of tenancy
  • Breach of good behaviour
  • Noise and nuisance
  • Disability accommodation
  • Evidentiary weight and credibility
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Contract law 2025 NSSM 31

MacNeil v. Urquhart

Court
Nova Scotia Small Claims Court

Claimant failed to prove on the balance of probabilities that he received a deficient quantity of beef or was overcharged; the Defendant's detailed, contemporaneously supported evidence was more reliable, so the claim is dismissed, and the Defendant's counterclaim is dismissed for lack of statutory authority for time costs and lack of receipt for registered mail costs.

Source excerpt

  • Breach of contract
  • Quantity dispute
  • Pricing dispute
  • Credibility assessment
  • Counterclaim for costs
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Tort 2025 NSSM 14

Taylor v. Brown

Court
Nova Scotia Small Claims Court

A bailment existed and the defendant sold the claimant's 4-wheeler without authorization, constituting conversion entitling claimant to the vehicle's value ($1,500); damage to other vehicles occurred while in defendant's custody but claimant failed to prove special damages with reliable repair estimates and general damages are capped at $100, therefore award is $1,500 plus $100 and filing fee, and the two Chevettes listed in the claim must be returned to claimant.

Source excerpt

  • Conversion
  • Bailment
  • Damages
  • Return of goods
  • Res ipsa loquitur
  • Statutory caps
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Tort - negligence 2025 NSSM 3

Bennett v. Doyle

Court
Nova Scotia Small Claims Court

Both parties were negligent: the farm owner breached the ordinary standard of care by failing to prevent recurring cattle escapes despite precautions, and the driver was driving imprudently (excessive speed/inattention) at night through a curve and failed to heed warning signs; applying the Contributory Negligence Act the Court apportioned responsibility 60% to the claimant/driver and 40% to the defendant/farm owner, resulting in a net award to claimant of $2,169.60 plus awarded interest and proportional costs as specified.

Source excerpt

  • Duty of care
  • Apportionment of liability
  • Damages valuation
  • Contributory negligence
  • Fencing obligations
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Contract law 2024 NSSC 317

GNF Commercial Management Limited v. Dijla Bakery

Court
Supreme Court of Nova Scotia

The Court held that the quick judgment process amounted to a denial of natural justice because the adjudicator granted judgment based on documentary evidence that was not served on the defendant and that was not referenced in the Notice of Claim, thereby depriving the defendant of the opportunity to respond; permitting the appellant to raise denial of natural justice on appeal, the Court remitted the matter to the Small Claims Court for a new hearing before a different adjudicator.

Source excerpt

  • Quick judgment
  • Set aside application
  • Denial of natural justice
  • Service of process
  • Damages
  • Remittal
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Property law 2024 NSSM 21

Millett v. Boudreau

Court
Nova Scotia Small Claims Court

Respondent had the stronger right of ownership in both dogs because she acquired and paid for the animals and bore most expenses; claimant failed on the balance of probabilities to prove joint ownership or an enforceable agreement to share possession, therefore the claim for delivery or shared custody is dismissed.

Source excerpt

  • Ownership of companion animals
  • Access to pets
  • Joint ownership
  • Enforceability of verbal agreements
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.