Leon’s Electrical Ltd. v. McCrillis-Sigmund

Leon’s Electrical Ltd. v. McCrillis-Sigmund

The court found a contract between Leon's Electrical Ltd and Maury and Lisa McCrillis, and that Courtney McCrillis-Sigmund provided a written promise to pay; substituted service on Courtney via her parents was properly ordered and effected; claimant proved the outstanding principal of $2,000 and entitlement to interest and specified costs, with travel costs limited to $150, resulting in a judgment for the claimant for $2,802.49.

Citation
2018 NSSM 45
Parties
Claimant: Leon's Electrical Ltd.; Defendant: Courtney McCrillis-Sigmund; Defendant: Lisa McCrillis; Defendant: Maury McCrillis
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 March 2018
Procedural Posture
Small Claims Court / Decision on Merits Following Hearing
Outcome
Judgment for the Claimant against all Defendants
Legal Topics
Service of Process, Substituted Service, Guarantee of Debt, Interest on Overdue Accounts, Costs and Disbursements
Source Language
English
Contract Debt Recovery Civil Procedure Service of Process Substituted Service Guarantee of Debt Interest on Overdue Accounts Costs and Disbursements

Case Brief

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Parties

Leon's Electrical Ltd.

Claimant

Courtney McCrillis-Sigmund

Defendant

Lisa McCrillis

Defendant

Maury McCrillis

Defendant

Procedural Posture

Small Claims Court / Decision on Merits Following Hearing

Legal Issues

  1. 1 Whether the defendants are liable for unpaid electrical services
  2. 2 Whether substituted service on Courtney via her parents was proper
  3. 3 Whether claimant proved entitlement to interest and costs

Ratio Decidendi

The court found a contract between Leon's Electrical Ltd and Maury and Lisa McCrillis, and that Courtney McCrillis-Sigmund provided a written promise to pay; substituted service on Courtney via her parents was properly ordered and effected; claimant proved the outstanding principal of $2,000 and entitlement to interest and specified costs, with travel costs limited to $150, resulting in a judgment for the claimant for $2,802.49.

Court Disposition

Judgment for the Claimant against all Defendants

Orders

  • Defendants to pay Claim $2,000.00
  • Defendants to pay Interest $260.00