Saiwoo Employee Contracts Benefits Group v. Advantage Financial Group Inc.

Saiwoo Employee Contracts Benefits Group v. Advantage Financial Group Inc.

The adjudicator found no express or sufficient basis to imply the disputed commissions, renewal fees and booklet costs into the contract and therefore disallowed those charges; the adjudicator accepted claimant's revised spreadsheet for cash balances, awarded 50% of the total cash balance plus an additional unreimbursed amount and costs, and refused further submissions or production requests for the stop loss policy, concluding on final payment amounts.

Citation
2006 NSSM 34
Parties
Claimant: Saiwoo Employee Contracts Benefits Group (Patricia Arthur, Soonok Chisholm, Mark Rhodes, Dianne Ouelette, Corrine Gillespie); Defendant: Advantage Financial Group Incorporated
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 February 2006
Procedural Posture
Small Claims Court / Decision (final)
Outcome
Judgment for Claimants in the sum of $3,490.79 (debt $3,307.29 plus costs $183.50).
Legal Topics
Implied Terms, Contractual Charges, Entitlement to Funds, Costs and Fees
Source Language
English
Contract Law Civil Procedure Employment/benefits Law Implied Terms Contractual Charges Entitlement to Funds Costs and Fees

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Parties

Saiwoo Employee Contracts Benefits Group (Patricia Arthur, Soonok Chisholm, Mark Rhodes, Dianne Ouelette, Corrine Gillespie)

Claimant

Advantage Financial Group Incorporated

Defendant

Procedural Posture

Small Claims Court / Decision (final)

Legal Issues

  1. 1 Whether defendant may impose commissions, renewal fees and booklet costs absent express agreement
  2. 2 Whether disputed charges can be implied into the contract
  3. 3 Entitlement to and calculation of cash balances and stop loss insurance

Ratio Decidendi

The adjudicator found no express or sufficient basis to imply the disputed commissions, renewal fees and booklet costs into the contract and therefore disallowed those charges; the adjudicator accepted claimant's revised spreadsheet for cash balances, awarded 50% of the total cash balance plus an additional unreimbursed amount and costs, and refused further submissions or production requests for the stop loss policy, concluding on final payment amounts.

Court Disposition

Judgment for Claimants in the sum of $3,490.79 (debt $3,307.29 plus costs $183.50).

Orders

  • Defendant pay Claimants debt $3,307.29
  • Defendant pay Claimants costs $183.50