Ashby v. L'Hereux

Ashby v. L'Hereux

The defendant's termination was unreasonable; the claimant performed and documented 41 hours of work and incurred materials and HST; absent proof of improper work or payment, the claimant is entitled to judgment for the unpaid labour, materials and related costs totaling $1,692.32; no credit for the alleged $300 without evidence.

Citation
2012 NSSM 61
Parties
Claimant: D. Rodney Ashby; Defendant: Andrea L'Hereux
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 October 2012
Procedural Posture
Small Claims Court / Decision After Hearing
Outcome
Judgment for Claimant in the amount of $1,692.32
Legal Topics
Time and Materials Contract, Payment for Services, Termination of Services, Hst/tax on Services
Source Language
English
Contract Construction Debt Recovery Time and Materials Contract Payment for Services Termination of Services Hst/tax on Services

Case Brief

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Parties

D. Rodney Ashby

Claimant

Andrea L'Hereux

Defendant

Procedural Posture

Small Claims Court / Decision After Hearing

Legal Issues

  1. 1 Whether the defendant validly terminated the contractor's services
  2. 2 Whether the claimant is entitled to payment for labour and materials under a time-and-materials contract
  3. 3 Whether the defendant is entitled to a $300 offset for alleged cash left in toolbox

Ratio Decidendi

The defendant's termination was unreasonable; the claimant performed and documented 41 hours of work and incurred materials and HST; absent proof of improper work or payment, the claimant is entitled to judgment for the unpaid labour, materials and related costs totaling $1,692.32; no credit for the alleged $300 without evidence.

Court Disposition

Judgment for Claimant in the amount of $1,692.32

Orders

  • Defendant to pay Claimant $1,692.32 for labour, materials, HST and claim/serve costs.
  • No credit is allowed at this time for the alleged $300 cash absent evidence; if the cash is later discovered the claimant should voluntarily credit the defendant when settling.