A.M. Hebert Construction Ltd. v. I-Rock Construction Ltd.

A.M. Hebert Construction Ltd. v. I-Rock Construction Ltd.

The adjudicator found Danny Hamilton had ostensible authority to act for AM Hebert; therefore AM Hebert was bound by Hamilton's actions and liable for I-Rock's counterclaim; the counterclaim set off most of the claim leaving a net judgment of $115 in favour of AM Hebert; each party bears its own costs.

Citation
2013 NSSM 60
Parties
Claimant / Defendant by Counterclaim: A.M. Hebert Construction Limited; Defendant / Counter Claimant: I-Rock Construction Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 October 2013
Procedural Posture
Small Claims Breach of Contract and Counterclaim / Final Decision (judgment)
Outcome
Claim and counterclaim allowed; net judgment for Claimant A.M. Hebert Construction Limited in the amount of $115.00; each party to bear its own costs.
Legal Topics
Breach of Contract, Counterclaim, Agency by Estoppel, Set Off
Source Language
English
Contract Agency Civil Procedure Breach of Contract Counterclaim Agency by Estoppel Set Off

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Parties

A.M. Hebert Construction Limited

Claimant / Defendant by Counterclaim

I-Rock Construction Limited

Defendant / Counter Claimant

Procedural Posture

Small Claims Breach of Contract and Counterclaim / Final Decision (judgment)

Legal Issues

  1. 1 Whether AM Hebert is owed payment for trucking services
  2. 2 Whether I-Rock is entitled to payment for fill and excavation services
  3. 3 Whether Danny Hamilton had authority to bind AM Hebert (agency)

Ratio Decidendi

The adjudicator found Danny Hamilton had ostensible authority to act for AM Hebert; therefore AM Hebert was bound by Hamilton's actions and liable for I-Rock's counterclaim; the counterclaim set off most of the claim leaving a net judgment of $115 in favour of AM Hebert; each party bears its own costs.

Court Disposition

Claim and counterclaim allowed; net judgment for Claimant A.M. Hebert Construction Limited in the amount of $115.00; each party to bear its own costs.

Orders

  • Allow claim in the amount of $1,242.00.
  • Allow counterclaim in the amount of $1,127.00.