Devison v. McNeil

Devison v. McNeil

No mutual agreement existed to incorporate the inflated $38,900 estimate or a 3.5% monthly interest term; however the Defendant engaged the Claimant and some work was performed. Because labour hours and charges were not adequately supported, the court reduced the labour hours from 298.4 to 205.4 and awarded the Claimant $15,615, dismissed the Defendant's counterclaim, and disallowed the 3.5% monthly interest.

Citation
2017 NSSM 77
Parties
Claimant: Travis Devison; Defendant: Cory McNeil
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 November 2017
Procedural Posture
Small Claims Court / Final Decision (adjudication)
Outcome
Claim partially allowed: judgment for Claimant in reduced amount; Defendant's counterclaim dismissed; no costs awarded; interest disallowed.
Legal Topics
Breach of Contract, Counterclaim, Quantum of Damages, Invoice and Estimate Disputes, Contract Formation, Interest/penalty Charges
Source Language
English
Contract Construction Debt Recovery Small Claims Breach of Contract Counterclaim Quantum of Damages Invoice and Estimate Disputes +2 more

Case Brief

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Parties

Travis Devison

Claimant

Cory McNeil

Defendant

Procedural Posture

Small Claims Court / Final Decision (adjudication)

Legal Issues

  1. 1 Whether an enforceable contract existed incorporating Estimate No. 1019 ($38,900)
  2. 2 Whether the labour charges and hours claimed were reasonable and supported by evidence
  3. 3 Whether a 3.5% monthly interest penalty was agreed or enforceable

Ratio Decidendi

No mutual agreement existed to incorporate the inflated $38,900 estimate or a 3.5% monthly interest term; however the Defendant engaged the Claimant and some work was performed. Because labour hours and charges were not adequately supported, the court reduced the labour hours from 298.4 to 205.4 and awarded the Claimant $15,615, dismissed the Defendant's counterclaim, and disallowed the 3.5% monthly interest.

Court Disposition

Claim partially allowed: judgment for Claimant in reduced amount; Defendant's counterclaim dismissed; no costs awarded; interest disallowed.

Orders

  • Defendant to pay Claimant $15,615.00
  • Defendant's counterclaim dismissed