Egg Films Inc. v. Dalhousie University

Egg Films Inc. v. Dalhousie University

Claim dismissed because claimant failed to prove invoices were transmitted before the express contractual deadline; timely submission was an essential term/condition precedent to payment and its breach rendered the agreement unenforceable for the claimed amounts, so defendant was not required to pay and the produced videos must be returned to claimant.

Citation
2015 NSSM 50
Parties
Claimant: Egg Films Inc.; Defendant: Dalhousie University
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
15 December 2015
Procedural Posture
Small Claims Court / Decision (hearing Held)
Outcome
Claim dismissed; no order as to costs; videos and related materials returned to claimant.
Legal Topics
Invoices, Payment Deadlines, Breach of Contract, Unjust Enrichment, Return of Goods
Source Language
English
Contract Law Commercial Law Equitable Remedies Invoices Payment Deadlines Breach of Contract Unjust Enrichment Return of Goods

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Parties

Egg Films Inc.

Claimant

Dalhousie University

Defendant

Procedural Posture

Small Claims Court / Decision (hearing Held)

Legal Issues

  1. 1 Whether the defendant must pay two invoices despite the claimant's failure to prove timely submission
  2. 2 Whether a failure to comply with a contractual deadline for invoice submission nullifies the claimant's right to payment
  3. 3 Whether unjust enrichment applies when there is an existing contract and a missed contractual condition

Ratio Decidendi

Claim dismissed because claimant failed to prove invoices were transmitted before the express contractual deadline; timely submission was an essential term/condition precedent to payment and its breach rendered the agreement unenforceable for the claimed amounts, so defendant was not required to pay and the produced videos must be returned to claimant.

Court Disposition

Claim dismissed; no order as to costs; videos and related materials returned to claimant.

Orders

  • The claim against the defendant is dismissed with no order as to costs.
  • The video production and all materials related to invoices 14034–1 and 14034–2 provided to the defendant by the claimant shall be returned to the claimant.