Pommerville v. MacLean

Pommerville v. MacLean

Adjudicator found the written May 11, 2014 contract remained valid and was not replaced by any oral agreement, the Defendant breached the contract by failing to restore the Camaro, the combined vehicle value was below the Small Claims Court limit so the court had jurisdiction, any work by the Defendant was done at his own risk and there was no contractual entitlement to compensation, and limitation barred stale claims; accordingly the Defendant was ordered to return both vehicles as-is and pay costs of $426.35.

Citation
2019 NSSM 59
Parties
Claimant: Maurice (Moe) Pommerville; Defendant: Curtis MacLean
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 November 2019
Procedural Posture
Small Claims Court / Decision on Merits
Outcome
Claim allowed; judgment for Claimant ordering return of vehicles and an award of costs.
Legal Topics
Breach of Contract, Specific Performance/return of Goods, Mechanic's Lien Enforcement, Jurisdictional Monetary Limit, Limitation Period
Source Language
English
Contract Law Property Law Lien Law Civil Procedure Limitations Law Breach of Contract Specific Performance/return of Goods Mechanic's Lien Enforcement +2 more

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Parties

Maurice (Moe) Pommerville

Claimant

Curtis MacLean

Defendant

Procedural Posture

Small Claims Court / Decision on Merits

Legal Issues

  1. 1 Whether the written contract was replaced by a verbal agreement
  2. 2 Whether the Defendant breached the contract by failing to restore the Camaro
  3. 3 Whether the Small Claims Court had jurisdiction (whether combined value exceeded $25,000)

Ratio Decidendi

Adjudicator found the written May 11, 2014 contract remained valid and was not replaced by any oral agreement, the Defendant breached the contract by failing to restore the Camaro, the combined vehicle value was below the Small Claims Court limit so the court had jurisdiction, any work by the Defendant was done at his own risk and there was no contractual entitlement to compensation, and limitation barred stale claims; accordingly the Defendant was ordered to return both vehicles as-is and pay costs of $426.35.

Court Disposition

Claim allowed; judgment for Claimant ordering return of vehicles and an award of costs.

Orders

  • Defendant to return the 1967 Chevelle (Vin #1361771113767) and the 1967 Camaro (Vin #123377N206264) to the Claimant as-is.
  • Costs awarded to Claimant in the amount of $426.35 (breakdown: $199.35 to issue the claim, $152.00 to serve it, $75.00 for reproducing colour photographs and documents).