MacIntosh Landscaping and Trucking Limited v. Stewart

MacIntosh Landscaping and Trucking Limited v. Stewart

The adjudicator found the agreement was properly treated as a time and materials contract, photographic evidence did not support the alleged deficiencies, the claimant was willing and able to remedy minor defects but was denied access, no settlement for $15,000 was proven, and therefore the defendant owes the unpaid balance of $3,011.43 and the counterclaim is dismissed.

Citation
2017 NSSM 75
Parties
Claimant: MacIntosh Landscaping and Trucking Limited; Defendant: Dave Stewart
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 July 2017
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Unpaid Invoice, Counterclaim for Defective Work, Time and Materials Contract, Remedies, Costs, Interest
Source Language
English
Contract Construction Civil Procedure Unpaid Invoice Counterclaim for Defective Work Time and Materials Contract Remedies Costs +1 more

Case Brief

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Parties

MacIntosh Landscaping and Trucking Limited

Claimant

Dave Stewart

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the defendant owes the unpaid balance of $3,011.43
  2. 2 Whether the defendant proved the counterclaim for alleged deficiencies
  3. 3 Whether a settlement for $15,000 was reached

Ratio Decidendi

The adjudicator found the agreement was properly treated as a time and materials contract, photographic evidence did not support the alleged deficiencies, the claimant was willing and able to remedy minor defects but was denied access, no settlement for $15,000 was proven, and therefore the defendant owes the unpaid balance of $3,011.43 and the counterclaim is dismissed.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Defendant to pay Claimant CAD 3,011.43 (balance)
  • Defendant to pay Claimant CAD 99.70 for filing fee costs