Lindsay v. Spiller

Lindsay v. Spiller

The court found Lindsay authorized Spiller to move the boat to Stone's Marina and to incur reasonable related expenses and to proceed with repairs there, but did not authorize the subsequent move to French Creek; Lindsay's mother had ostensible authority to settle the September 1, 2006 invoice and to provide post-dated cheques, and Spiller reasonably relied on that authority and resumed work; the court allowed Spiller's counterclaim but reduced specific items as unreasonable or unauthorized, awarding Spiller $25,510.43 plus applicable interest and costs to the defendant at Scale B.

Citation
2009 BCSC 575
Parties
Plaintiff; Defendant by Counterclaim: Richard Lindsay; Defendant; Plaintiff by Counterclaim: Alec Spiller; Defendant; Plaintiff by Counterclaim: Spiller Marine Services
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 April 2009
Procedural Posture
Civil Contract/tort (possession of Goods; Possessory Lien) / Trial Reasons for Judgment
Outcome
Counterclaim partially allowed in favour of defendant/counterclaimant Alec Spiller; judgment entered for Spiller in the amount of 25,510.43 CAD plus applicable court interest; costs to defendant at Scale B; funds paid into court to be distributed accordingly.
Legal Topics
Possessory Lien, Agency/ostensible Authority, Authorization for Expenses, Quantum and Reasonableness of Charges, Adverse Inference for Failure to Call Witness, Costs
Source Language
English
Contract Law Property Law Maritime Law Lien Law Civil Procedure Possessory Lien Agency/ostensible Authority Authorization for Expenses +3 more

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Parties

Richard Lindsay

Plaintiff; Defendant by Counterclaim

Alec Spiller

Defendant; Plaintiff by Counterclaim

Spiller Marine Services

Defendant; Plaintiff by Counterclaim

Procedural Posture

Civil Contract/tort (possession of Goods; Possessory Lien) / Trial Reasons for Judgment

Legal Issues

  1. 1 Whether Lindsay authorized Spiller to incur expenses and perform work to move boat from Canoe Cove to Stone's Marina
  2. 2 Whether Lindsay authorized his mother to settle the September 1, 2006 invoice, to instruct Spiller to resume work, and to provide post-dated cheques as deposit
  3. 3 Whether the labour, fees and expenses claimed by Spiller were reasonable and recoverable

Ratio Decidendi

The court found Lindsay authorized Spiller to move the boat to Stone's Marina and to incur reasonable related expenses and to proceed with repairs there, but did not authorize the subsequent move to French Creek; Lindsay's mother had ostensible authority to settle the September 1, 2006 invoice and to provide post-dated cheques, and Spiller reasonably relied on that authority and resumed work; the court allowed Spiller's counterclaim but reduced specific items as unreasonable or unauthorized, awarding Spiller $25,510.43 plus applicable interest and costs to the defendant at Scale B.

Court Disposition

Counterclaim partially allowed in favour of defendant/counterclaimant Alec Spiller; judgment entered for Spiller in the amount of 25,510.43 CAD plus applicable court interest; costs to defendant at Scale B; funds paid into court to be distributed accordingly.

Orders

  • Counterclaim allowed in the net amount of 25510.43 CAD plus court order interest as applicable payable to Alec Spiller
  • From the 43,400 CAD paid into court as security, pay 25,510.43 CAD plus applicable interest to Alec Spiller; remainder payable to Richard Lindsay