Milne v. Melanson

Milne v. Melanson

The claimant is entitled to full reimbursement because a written agreement confirmed the funds advanced at the defendant's direction, the defendant failed to complete the contracted work, and he failed to present evidence to justify a reduction; accordingly judgment for the claimant for the principal, prejudgment interest and costs is warranted.

Citation
2025 NSSM 8
Parties
Claimant: Sandra Milne; Defendant: Douglas Melanson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 January 2025
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for claimant in the amount of $23,693.72
Legal Topics
Breach of Contract, Payment and Accounting, Damages, Pre Judgment Interest, Costs, Credibility Assessment
Source Language
English
Contract Law Civil Procedure Evidence Remedies Breach of Contract Payment and Accounting Damages Pre Judgment Interest +2 more

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Parties

Sandra Milne

Claimant

Douglas Melanson

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the claimant is entitled to reimbursement of funds advanced under the written agreement
  2. 2 Proper quantum of any set-off or compensation for work performed by the defendant
  3. 3 Whether the defendant is liable for funds deposited to a third party account at his direction

Ratio Decidendi

The claimant is entitled to full reimbursement because a written agreement confirmed the funds advanced at the defendant's direction, the defendant failed to complete the contracted work, and he failed to present evidence to justify a reduction; accordingly judgment for the claimant for the principal, prejudgment interest and costs is warranted.

Court Disposition

Judgment for claimant in the amount of $23,693.72

Orders

  • Defendant to pay claimant $22,230.00 as reimbursement of funds advanced
  • Defendant to pay prejudgment interest of $1,264.37