Lantz v. Grand Lodge of Nova Scotia Ancient Free and Accepted Masons

Lantz v. Grand Lodge of Nova Scotia Ancient Free and Accepted Masons

Claim dismissed because the claimant failed to prove the essential terms of a contract and failed to identify which legal entity (if any) constituted the Masons or authorized Lively to bind the Grand Lodge; absent proven authority/party there is no enforceable contract against the defendant.

Citation
2010 NSSM 69
Parties
Claimant: William James Lantz; First Defendant: Grand Lodge of Nova Scotia Ancient Free and Accepted Masons; Second Defendant: Roy Lively
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 December 2010
Procedural Posture
Breach of Contract / Decision
Outcome
Claim dismissed against Grand Lodge; claim against Roy Lively discontinued; no order as to costs.
Legal Topics
Breach of Contract, Apparent Authority, Capacity/identity of Defendant, Payment/remittance
Source Language
English
Contract Law Agency Civil Procedure Small Claims Court Breach of Contract Apparent Authority Capacity/identity of Defendant Payment/remittance

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Parties

William James Lantz

Claimant

Grand Lodge of Nova Scotia Ancient Free and Accepted Masons

First Defendant

Roy Lively

Second Defendant

Procedural Posture

Breach of Contract / Decision

Legal Issues

  1. 1 Whether a binding contract existed between the claimant and the named defendant
  2. 2 Whether Roy Lively acted as agent or with apparent authority for the Grand Lodge
  3. 3 Whether the claimant proved the terms and the identity of the contracting principal

Ratio Decidendi

Claim dismissed because the claimant failed to prove the essential terms of a contract and failed to identify which legal entity (if any) constituted the Masons or authorized Lively to bind the Grand Lodge; absent proven authority/party there is no enforceable contract against the defendant.

Court Disposition

Claim dismissed against Grand Lodge; claim against Roy Lively discontinued; no order as to costs.

Orders

  • Claim dismissed with no order as to costs.
  • Claim against Roy Lively discontinued.