3239689 Nova Scotia Limited v. Atlantic Developments Inc.

3239689 Nova Scotia Limited v. Atlantic Developments Inc.

The adjudicator found the parties remained bound by the hourly contract rate (effectively $80/hour as applied on invoices), the $250 figure was an average estimate not a contract amendment, the defendant reviewed and paid invoices without timely objection, and there was no evidence of causation or loss from any alleged misrepresentation; therefore the claimant was entitled to the unpaid invoices and the defence failed.

Citation
2025 NSSM 21
Parties
Claimant: 3239689 Nova Scotia Limited; Defendant: Atlantic Developments Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 April 2025
Procedural Posture
Small Claims Contract for Services / Decision (adjudicator)
Outcome
Claim allowed
Legal Topics
Breach of Contract, Invoice Disputes, Fees and Billing, Misrepresentation, Causation, Damages
Source Language
English
Contract Tort (negligence) Construction Breach of Contract Invoice Disputes Fees and Billing Misrepresentation Causation +1 more

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Parties

3239689 Nova Scotia Limited

Claimant

Atlantic Developments Inc.

Defendant

Procedural Posture

Small Claims Contract for Services / Decision (adjudicator)

Legal Issues

  1. 1 Whether claimant is entitled to unpaid invoices for inspection services
  2. 2 Whether parties agreed to a flat $250 per inspection fee or remained on an hourly rate
  3. 3 Whether there was negligent misrepresentation and, if so, whether causation and loss were established

Ratio Decidendi

The adjudicator found the parties remained bound by the hourly contract rate (effectively $80/hour as applied on invoices), the $250 figure was an average estimate not a contract amendment, the defendant reviewed and paid invoices without timely objection, and there was no evidence of causation or loss from any alleged misrepresentation; therefore the claimant was entitled to the unpaid invoices and the defence failed.

Court Disposition

Claim allowed

Orders

  • Defendant Atlantic Developments Inc. shall pay claimant 3239689 Nova Scotia Limited the sum of $4,462.93 plus costs of $200.00, for a total of $4,662.93.