McCarthy v. Quillan

McCarthy v. Quillan

Because the evidence showed the contract was between All Season Contracting 2012 Limited and the defendant Mr. Quillan, and there was no evidence that Mr. McCarthy had been assigned the claim or otherwise held the contractual right personally, McCarthy lacked standing to sue in his own name; accordingly his claim was dismissed.

Citation
2018 NSSM 22
Parties
Original Claimant: All Season Contracting 2012 Limited; Claimant: Gerald Joseph McCarthy; Defendant: Christopher M. Quillan; Defendant: Monika A. Quillan
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
19 April 2018
Procedural Posture
Small Claims Court Claim / Hearing and Decision
Outcome
Claim dismissed as against both Defendants
Legal Topics
Standing to Sue, Corporate Registration, Assignment of Debt, Non Suit, Separate Legal Personality
Source Language
English
Civil Law Contract Law Corporate Law Civil Procedure Standing to Sue Corporate Registration Assignment of Debt Non Suit +1 more

Case Brief

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Parties

All Season Contracting 2012 Limited

Original Claimant

Gerald Joseph McCarthy

Claimant

Christopher M. Quillan

Defendant

Monika A. Quillan

Defendant

Procedural Posture

Small Claims Court Claim / Hearing and Decision

Legal Issues

  1. 1 Whether Gerald McCarthy had standing to sue in his personal name when the contract and claim appeared to belong to All Season Contracting 2012 Limited
  2. 2 Whether the claim was barred by the Corporations Registration Act (revoked corporate registration) under s.17
  3. 3 Whether Mr. McCarthy proved on a balance of probabilities that he personally owned the debt or had a valid assignment

Ratio Decidendi

Because the evidence showed the contract was between All Season Contracting 2012 Limited and the defendant Mr. Quillan, and there was no evidence that Mr. McCarthy had been assigned the claim or otherwise held the contractual right personally, McCarthy lacked standing to sue in his own name; accordingly his claim was dismissed.

Court Disposition

Claim dismissed as against both Defendants

Orders

  • Claim by Gerald Joseph McCarthy dismissed as against Christopher M. Quillan and Monika A. Quillan