Mrkonjic v. Darrell Jessome Inc.

Mrkonjic v. Darrell Jessome Inc.

The subpoena of ICANS communications was quashed as privileged; the claimant was not qualified as an expert and did not prove negligence or that the $600 plus HST charge was unreasonable; therefore the claim for a refund is dismissed.

Citation
2008 NSSM 5
Parties
Claimant: JOSEPH MRKONJIC; Defendant: DARRELL JESSOME INCORPORATED
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 January 2008
Procedural Posture
Small Claims Court – Civil Claim for Refund of Professional Fees / Hearing and Final Decision
Outcome
Claim dismissed
Legal Topics
Reasonableness of Professional Fees, Privilege of Regulatory Proceedings, Admissibility and Qualification of Expert Evidence, Subpoena Quashing/non Suit Motion
Source Language
English
Contract Professional Negligence Administrative/regulatory Evidence Reasonableness of Professional Fees Privilege of Regulatory Proceedings Admissibility and Qualification of Expert Evidence Subpoena Quashing/non Suit Motion

Case Brief

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Parties

JOSEPH MRKONJIC

Claimant

DARRELL JESSOME INCORPORATED

Defendant

Procedural Posture

Small Claims Court – Civil Claim for Refund of Professional Fees / Hearing and Final Decision

Legal Issues

  1. 1 Whether the defendant overcharged for accounting services
  2. 2 Whether communications and meetings with the professional regulator (ICANS) were admissible and the subpoena enforceable
  3. 3 Whether the claimant could give expert evidence on public accounting and thus prove the fee was unreasonable

Ratio Decidendi

The subpoena of ICANS communications was quashed as privileged; the claimant was not qualified as an expert and did not prove negligence or that the $600 plus HST charge was unreasonable; therefore the claim for a refund is dismissed.

Court Disposition

Claim dismissed

Orders

  • Subpoena to the Director of Regulatory Affairs of ICANS quashed
  • Claim dismissed; $600 plus HST charge upheld (no further refund ordered)