Lobsiger v. Hall

Lobsiger v. Hall

Adjudicator found that, on the evidence, a 10% commission on gross rents was a just and reasonable remuneration under quantum meruit and awarded the claimant $2,020; the claimant did not abandon his goods so the defendant was ordered to return them by set conditions and timeline; claimant awarded court costs of $182.70.

Citation
2016 NSSM 20
Parties
Claimant: ULRICH LOBSIGER; Defendant: CHIPMAN HALL
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
24 May 2016
Procedural Posture
Small Claims Court / Decision (adjudicator's Reasons Rendered)
Outcome
Claim allowed in part: monetary judgment for claimant and order for return of goods subject to conditions.
Legal Topics
Quantum Meruit, Commission for Rental Management, Return of Goods, Abandonment of Chattels, Court Costs
Source Language
English
Contract Property Equitable Remedies Landlord Tenant Quantum Meruit Commission for Rental Management Return of Goods Abandonment of Chattels +1 more

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Parties

ULRICH LOBSIGER

Claimant

CHIPMAN HALL

Defendant

Procedural Posture

Small Claims Court / Decision (adjudicator's Reasons Rendered)

Legal Issues

  1. 1 What remuneration did the arrangement entitle the claimant to receive?
  2. 2 Whether the claimant abandoned his furniture and household goods
  3. 3 Appropriate timing and conditions for return of goods

Ratio Decidendi

Adjudicator found that, on the evidence, a 10% commission on gross rents was a just and reasonable remuneration under quantum meruit and awarded the claimant $2,020; the claimant did not abandon his goods so the defendant was ordered to return them by set conditions and timeline; claimant awarded court costs of $182.70.

Court Disposition

Claim allowed in part: monetary judgment for claimant and order for return of goods subject to conditions.

Orders

  • Judgment for claimant in the amount of $2,020.00 CAD.
  • Court costs awarded to claimant in the amount of $182.70 CAD.