Adam v. Marshall

Adam v. Marshall

The claimant breached the contract by repeatedly failing to deliver transcripts in a timely manner and by withholding delivery pending full payment; she is entitled to payment only for transcripts actually delivered ($2,532.50) but must account for the defendant's foreseeable losses caused by her lateness (allowed counterclaim $3,686.09); set-off results in a net judgment for the defendant, and punitive/aggravated damages and general damages are not awarded.

Citation
2019 NSSM 64
Parties
Claimant: Sandra Adam; Defendant: Gregory Marshall
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 October 2019
Procedural Posture
Small Claims Court Contract Dispute (transcription Services) / Adjudication Decision
Outcome
Set-off judgment for Defendant. Claimant entitled to $2,532.50 for transcripts delivered; Defendant awarded counterclaim $3,686.09; after set-off net recovery in favour of Defendant $1,153.59 plus $66.00 costs for issuing the counterclaim resulting in total net judgment for Defendant $1,219.59. General, punitive and...
Legal Topics
Breach of Contract, Damages, Set Off, Misrepresentation, Time Is of the Essence, Punitive and Aggravated Damages, Jurisdiction, Contract Formation, Service Performance
Source Language
English
Contract Law Tort Law Civil Procedure Breach of Contract Damages Set Off Misrepresentation Time Is of the Essence +4 more

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Parties

Sandra Adam

Claimant

Gregory Marshall

Defendant

Procedural Posture

Small Claims Court Contract Dispute (transcription Services) / Adjudication Decision

Legal Issues

  1. 1 Was there a binding contract and what were its terms including payment terms?
  2. 2 Did the claimant breach the contract by failing to deliver transcripts in a timely manner?
  3. 3 Were the delays sufficient to make time of the essence and excuse non-payment?

Ratio Decidendi

The claimant breached the contract by repeatedly failing to deliver transcripts in a timely manner and by withholding delivery pending full payment; she is entitled to payment only for transcripts actually delivered ($2,532.50) but must account for the defendant's foreseeable losses caused by her lateness (allowed counterclaim $3,686.09); set-off results in a net judgment for the defendant, and punitive/aggravated damages and general damages are not awarded.

Court Disposition

Set-off judgment for Defendant. Claimant entitled to $2,532.50 for transcripts delivered; Defendant awarded counterclaim $3,686.09; after set-off net recovery in favour of Defendant $1,153.59 plus $66.00 costs for issuing the counterclaim resulting in total net judgment for Defendant $1,219.59. General, punitive and...

Orders

  • Allow Claimant recovery of $2,532.50 for transcripts actually delivered.
  • Allow Defendant counterclaim in the amount of $3,686.09 for foreseeable additional costs caused by Claimant's breach.