Nielsen v. Barteaux

Nielsen v. Barteaux

The adjudicator preferred the Claimant's credible, corroborated evidence over the Defendant's vague, inconsistent testimony; the Defendant failed to prove entitlement to additional sums or to justify the after‑the‑fact invoice or a quantum meruit award, so the counterclaim was dismissed and the Defendant held liable for the cost to discharge the supplier's lien and associated damages up to the claimed amount.

Citation
2007 NSSM 18
Parties
Claimant; Defendant by Counterclaim: Niels Nielsen; Defendant; Claimant by Counterclaim: Wayne Barteaux
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 May 2007
Procedural Posture
Small Claims Court (nova Scotia) / Decision (reasons for Decision)
Outcome
Judgment for Claimant; Counterclaim dismissed.
Legal Topics
Builder's Lien, Contract Formation, Quantum Meruit, Damages, Costs
Source Language
English
Contract Construction Property (builders' Lien) Civil Procedure Builder's Lien Contract Formation Quantum Meruit Damages +1 more

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Parties

Niels Nielsen

Claimant; Defendant by Counterclaim

Wayne Barteaux

Defendant; Claimant by Counterclaim

Procedural Posture

Small Claims Court (nova Scotia) / Decision (reasons for Decision)

Legal Issues

  1. 1 Existence and terms of a verbal contract (price per square foot)
  2. 2 Whether Claimant paid the contract price in full
  3. 3 Liability of Defendant for unpaid supplier and cost to discharge builder's lien

Ratio Decidendi

The adjudicator preferred the Claimant's credible, corroborated evidence over the Defendant's vague, inconsistent testimony; the Defendant failed to prove entitlement to additional sums or to justify the after‑the‑fact invoice or a quantum meruit award, so the counterclaim was dismissed and the Defendant held liable for the cost to discharge the supplier's lien and associated damages up to the claimed amount.

Court Disposition

Judgment for Claimant; Counterclaim dismissed.

Orders

  • Judgment for Claimant in the principal amount of $2,417.34.
  • Award of filing fee $80.00 and cost of service $68.40; total judgment $2,565.74.