L.A. Oakes Resource Systems Inc. v. Metex Corporation Ltd.

L.A. Oakes Resource Systems Inc. v. Metex Corporation Ltd.

Affidavit evidence filed late and without prior provision to the opposing party or order permitting cross-examination was excluded as contrary to natural justice; on the admitted evidence the Defendant breached the contract by supplying goods that did not meet specifications and failed to provide reasonable support, entitling the Claimant to assessed damages; the Defendant's counterclaim was dismissed for lack of evidence.

Citation
2007 NSSM 71
Parties
Claimant; Defendant by Counterclaim: L.A. Oakes Resource Systems Incorporated; Defendant; Claimant by Counterclaim: Metex Corporation Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 October 2007
Procedural Posture
Small Claims Court Breach of Contract / Hearing and Decision (trial)
Outcome
Judgment for Claimant; Counterclaim dismissed
Legal Topics
Breach of Contract, Damages Assessment, Admissibility of Affidavit Evidence, Right to Cross Examination, Counterclaim Dismissed for Lack of Evidence
Source Language
English
Contract Evidence Civil Procedure Breach of Contract Damages Assessment Admissibility of Affidavit Evidence Right to Cross Examination Counterclaim Dismissed for Lack of Evidence

Case Brief

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Parties

L.A. Oakes Resource Systems Incorporated

Claimant; Defendant by Counterclaim

Metex Corporation Limited

Defendant; Claimant by Counterclaim

Procedural Posture

Small Claims Court Breach of Contract / Hearing and Decision (trial)

Legal Issues

  1. 1 Whether affidavits filed in lieu of live witnesses could be admitted without prior service and opportunity for cross-examination
  2. 2 Whether the supplied AutoPrime units met contractual specifications
  3. 3 Whether the Defendant reasonably supported its product and is liable for damages

Ratio Decidendi

Affidavit evidence filed late and without prior provision to the opposing party or order permitting cross-examination was excluded as contrary to natural justice; on the admitted evidence the Defendant breached the contract by supplying goods that did not meet specifications and failed to provide reasonable support, entitling the Claimant to assessed damages; the Defendant's counterclaim was dismissed for lack of evidence.

Court Disposition

Judgment for Claimant; Counterclaim dismissed

Orders

  • Judgment in favour of Claimant in the sum of $20,422.01
  • Award costs for filing claim of $170.88