Coghlin Enterprises Ltd. v. Schellerman

Coghlin Enterprises Ltd. v. Schellerman

On the balance of probabilities the adjudicator found no contract or reasonable promise by the claimant to winterize the defendants' boat, the defendants' belief was unreasonable and unsupported by follow-up or billing, therefore the counterclaim fails and the claimant is entitled to payment for the pump and recovery of costs.

Citation
2011 NSSM 22
Parties
Claimant: Coghlin Enterprises Ltd.; Defendant: Cherie Schellerman; Defendant: Derek Hounsell
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 April 2011
Procedural Posture
Small Claims Court / Hearing and Decision (trial Level)
Outcome
Claimant's claim for the pump allowed; defendants' counterclaim dismissed; costs awarded to claimant.
Legal Topics
Breach of Contract, Reliance, Damages for Property Loss, Costs
Source Language
English
Contract Tort (negligence) Civil Procedure Breach of Contract Reliance Damages for Property Loss Costs

Case Brief

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Parties

Coghlin Enterprises Ltd.

Claimant

Cherie Schellerman

Defendant

Derek Hounsell

Defendant

Procedural Posture

Small Claims Court / Hearing and Decision (trial Level)

Legal Issues

  1. 1 Whether the claimant agreed to provide ongoing winterization services (formation of contract)
  2. 2 Whether the defendants reasonably relied on any promise to winterize the boat
  3. 3 Whether the claimant is liable for the defendants' repair costs for freezing damage

Ratio Decidendi

On the balance of probabilities the adjudicator found no contract or reasonable promise by the claimant to winterize the defendants' boat, the defendants' belief was unreasonable and unsupported by follow-up or billing, therefore the counterclaim fails and the claimant is entitled to payment for the pump and recovery of costs.

Court Disposition

Claimant's claim for the pump allowed; defendants' counterclaim dismissed; costs awarded to claimant.

Orders

  • Defendants shall pay claimant $821.79 for the pump.
  • Defendants shall pay claimant costs of $214.68 (issuance $89.68 and service $125.00).