Atlantic Greetings v. Dollar Warehouse Atlantic Inc.

Atlantic Greetings v. Dollar Warehouse Atlantic Inc.

The claimant's written invoice terms and credible accounting evidence established the debt; the defendant's late, unpleaded factual defenses and limited accounting evidence were insufficient to defeat the claim; the 5% was an agreed discount not unlawful interest, therefore judgment for the claimant for the claimed amount plus filing fee was warranted.

Citation
2007 NSSM 78
Parties
Claimant: INAXESS MARKETING INC. c.o.b. Atlantic Greetings; Defendant: DOLLAR WAREHOUSE ATLANTIC INC.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 December 2007
Procedural Posture
Small Claims Court / Decision After Hearing
Outcome
Judgment for Claimant
Legal Topics
Breach of Contract, Invoice Payment, Early Payment Discount, Set Off, Evidence and Procedure
Source Language
English
Contract Law Commercial Law Debt Recovery Breach of Contract Invoice Payment Early Payment Discount Set Off Evidence and Procedure

Case Brief

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Parties

INAXESS MARKETING INC. c.o.b. Atlantic Greetings

Claimant

DOLLAR WAREHOUSE ATLANTIC INC.

Defendant

Procedural Posture

Small Claims Court / Decision After Hearing

Legal Issues

  1. 1 Whether defendant could unilaterally apply a 5% discount despite paying after the discount period
  2. 2 Whether the defendant's unpleaded factual defenses should be allowed given prejudice to claimant
  3. 3 Weight and sufficiency of competing accounting evidence

Ratio Decidendi

The claimant's written invoice terms and credible accounting evidence established the debt; the defendant's late, unpleaded factual defenses and limited accounting evidence were insufficient to defeat the claim; the 5% was an agreed discount not unlawful interest, therefore judgment for the claimant for the claimed amount plus filing fee was warranted.

Court Disposition

Judgment for Claimant

Orders

  • Judgment for the Claimant in the amount of $9,825.59
  • Award of filing fee to Claimant $170.88