Bulletproof Solutions Inc. v. Genie Knows Inc.
Adjudicator found on the balance of probabilities that the claimant performed work related to the defendant under the Statements of Work, that delays in deliverables did not establish that the work had been double-billed or already paid, and that the claimant had already credited the disputed strategic plan; accordingly the claimant was entitled to judgment limited to the amount the claimant elected to pursue in Small Claims Court.
- Citation
- 2011 NSSM 17
- Parties
- Claimant: Bulletproof Solutions Inc.; Defendant: Genie Knows Inc.
- Court
- Nova Scotia Small Claims Court
- Jurisdiction
- Canada
- Judgment Date
- 23 March 2011
- Procedural Posture
- Contract Dispute Small Claims Court / Final Decision and Order
- Outcome
- Judgment for claimant in part
- Legal Topics
- Breach of Contract, Payment for Services, Set Off/credits, Prejudgment Interest
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bulletproof Solutions Inc.
Claimant
Genie Knows Inc.
Defendant
Procedural Posture
Contract Dispute Small Claims Court / Final Decision and Order
Legal Issues
- 1 Whether defendant owes outstanding fees for IT services provided under Statements of Work
- 2 Whether invoices contained double billing or charges for services not requested
- 3 Whether claimant completed contractual deliverables and is entitled to payment
Ratio Decidendi
Adjudicator found on the balance of probabilities that the claimant performed work related to the defendant under the Statements of Work, that delays in deliverables did not establish that the work had been double-billed or already paid, and that the claimant had already credited the disputed strategic plan; accordingly the claimant was entitled to judgment limited to the amount the claimant elected to pursue in Small Claims Court.
Court Disposition
Judgment for claimant in part
Orders
- Defendant to pay claimant $25,000.00
- Defendant to pay service costs $86.25
Full Case Text
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