Russell v. Hamilton

Russell v. Hamilton

Adjudicator accepted Russell's account and rejected Hamilton's as non-credible, found a partnership/joint venture existed, found Hamilton intercepted and misappropriated multiple payments (including the RCS receivable and gravel proceeds), held Hamilton personally liable for specified personal loans and credit-card/cash advances, found Hamilton liable in conversion for the hydraulic hammer and assessed lost-use damages, and performed an accounting yielding specific monetary judgments (Russell $24,513.70; Seam $12,400.00; counterclaim judgment for Russell and Lopez $1,353.45).

Citation
2022 NSSM 13
Parties
Claimant (also Self Represented; Represented Seam and Lopez): Robert Russell; Defendant: Daniel Hamilton; Claimant: Seam Development Solutions; Claimant/counterclaimant: Hamilton Excavating and Landscaping Limited; Defendant/counterclaimant: Odilio Lopez
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 January 2022
Procedural Posture
Small Claims Court / Judgment/reasons for Decision Entered (decision Dated 2022 01 16)
Outcome
Judgments entered: in favour of Robert Russell against Daniel Hamilton; in favour of Seam Development Solutions against Daniel E. Hamilton; Hamilton Excavating's claim dismissed and counterclaim in favour of Russell and Lopez.
Legal Topics
Partnership Accounting, Factoring Receivables, Conversion of Chattel, Personal Loans and Promissory Notes, Misappropriation/interception of Funds, Credibility Findings, Damages Assessment, Pre Judgment Interest
Source Language
English
Partnership Law Contract Law Tort (conversion) Debt Recovery Commercial Law Insurance Law Partnership Accounting Factoring Receivables +6 more

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Parties

Robert Russell

Claimant (also Self Represented; Represented Seam and Lopez)

Daniel Hamilton

Defendant

Seam Development Solutions

Claimant

Hamilton Excavating and Landscaping Limited

Claimant/counterclaimant

Odilio Lopez

Defendant/counterclaimant

Procedural Posture

Small Claims Court / Judgment/reasons for Decision Entered (decision Dated 2022 01 16)

Legal Issues

  1. 1 Whether a partnership/joint venture existed and required accounting
  2. 2 Whether Hamilton misappropriated joint venture funds and receivables
  3. 3 Whether Hamilton owes personal loans and credit-card/cash advances to Russell

Ratio Decidendi

Adjudicator accepted Russell's account and rejected Hamilton's as non-credible, found a partnership/joint venture existed, found Hamilton intercepted and misappropriated multiple payments (including the RCS receivable and gravel proceeds), held Hamilton personally liable for specified personal loans and credit-card/cash advances, found Hamilton liable in conversion for the hydraulic hammer and assessed lost-use damages, and performed an accounting yielding specific monetary judgments (Russell $24,513.70; Seam $12,400.00; counterclaim judgment for Russell and Lopez $1,353.45).

Court Disposition

Judgments entered: in favour of Robert Russell against Daniel Hamilton; in favour of Seam Development Solutions against Daniel E. Hamilton; Hamilton Excavating's claim dismissed and counterclaim in favour of Russell and Lopez.

Orders

  • SCCH 502561: Judgment for Robert Russell against Daniel Hamilton for $24,513.70 plus costs $199.35 and prejudgment interest at 4% from date of filing to date of judgment.
  • SCCH 502558: Judgment for Seam Development Solutions against Daniel E. Hamilton for $12,400.00 plus costs $199.35 and prejudgment interest at 4% from date of filing to date of judgment.