What are the damages for loss of use, loss of peace of mind, and loss of enjoyment of use?

Nova Scotia, Canada


The following excerpt is from Seguin v. Ramar Construction Ltd., 2014 NSSC 170 (CanLII):

I decline to order general damages, for a number of reasons: the relief awarded here is based in contract, not tort, for which general damages are not often ordered (Hickeys Building Supplies v. Sheppard [2013] N.J. No. 68 (paras. 117-120)). In relation to the issue of “loss of use”, I have not been provided with any evidence upon which I can base a finding that the Seguins suffered any appreciable loss of use of their home due to the installation / non-installation of perimeter drain tile. Furthermore, I have carefully considered the Seguins arguments in relation to issue of “peace of mind” contracts; I have concluded that the circumstances here do not constitute a significant enough breach to result in damages under such a heading.

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