McMullin & Associates Ltd. v. Restaurant Association of Nova Scotia

McMullin & Associates Ltd. v. Restaurant Association of Nova Scotia

Adjudicator found a contract existed but its terms were not precise; work performed through April 2015 was necessary and reasonable and invoices up to April were allowable; May invoice was partially excessive and June invoice allowed at prior billed rate; July invoice disallowed; claimant entitled to $3,205.63 but RANS proved expenses caused by withholding records warrant a $1,000 set-off, producing a final judgment of $2,205.63 for McMullin & Associates; counterclaim for unjust enrichment dismissed and personal claim against Blair McMullin dismissed; no interest awarded and each party bears own costs.

Citation
2017 NSSM 32
Parties
Claimant / Defendant by Counterclaim: McMullin & Associates Ltd.; Claimant / Defendant by Counterclaim: Blair McMullin; Defendant / Claimant by Counterclaim: Restaurant Association of Nova Scotia
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
15 February 2017
Procedural Posture
Small Claims Court Civil Contract Dispute / Decision (final Adjudicator Ruling)
Outcome
Claim allowed in part against Restaurant Association of Nova Scotia for judgment of $2205.63; counterclaim dismissed except $1000 set-off awarded; personal claim against Blair McMullin dismissed; each party to bear its own costs; no interest awarded.
Legal Topics
Consensus Ad Idem, Breach of Contract, Fees and Billing, Accounts Receivable Reconciliation, Records Retention and Withholding, Set Off, Counterclaim
Source Language
English
Contract Law Restitution / Unjust Enrichment Tax Law (hst) Civil Procedure Consensus Ad Idem Breach of Contract Fees and Billing Accounts Receivable Reconciliation +3 more

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Parties

McMullin & Associates Ltd.

Claimant / Defendant by Counterclaim

Blair McMullin

Claimant / Defendant by Counterclaim

Restaurant Association of Nova Scotia

Defendant / Claimant by Counterclaim

Procedural Posture

Small Claims Court Civil Contract Dispute / Decision (final Adjudicator Ruling)

Legal Issues

  1. 1 Whether there was consensus ad idem on terms and scope of accounting services
  2. 2 Whether the accounting services were delivered as contracted and whether invoices were reasonable
  3. 3 Whether RANS was overcharged or unjustly enriched and whether costs to recreate records are recoverable

Ratio Decidendi

Adjudicator found a contract existed but its terms were not precise; work performed through April 2015 was necessary and reasonable and invoices up to April were allowable; May invoice was partially excessive and June invoice allowed at prior billed rate; July invoice disallowed; claimant entitled to $3,205.63 but RANS proved expenses caused by withholding records warrant a $1,000 set-off, producing a final judgment of $2,205.63 for McMullin & Associates; counterclaim for unjust enrichment dismissed and personal claim against Blair McMullin dismissed; no interest awarded and each party bears own costs.

Court Disposition

Claim allowed in part against Restaurant Association of Nova Scotia for judgment of $2205.63; counterclaim dismissed except $1000 set-off awarded; personal claim against Blair McMullin dismissed; each party to bear its own costs; no interest awarded.

Orders

  • Judgment for McMullin & Associates Ltd. against Restaurant Association of Nova Scotia in the amount of $2205.63
  • Set-off of $1000.00 against the claim awarded to RANS (reflected in final judgment)