Christie v. Harbourview Market

Christie v. Harbourview Market

Because the table rentals were informal day-by-day verbal agreements, no term can be implied requiring continued future rentals; owners lawfully exercised discretion to refuse service due to claimant's disruptive conduct absent evidence of prohibited discrimination; claimant therefore failed to establish breach or recoverable damages.

Citation
2013 NSSM 41
Parties
Claimant: Sean Christie; Defendant: Harbourview Market
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 May 2013
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed
Legal Topics
Breach of Contract, Implied Terms, Vendor Exclusion, Damages, Mitigation of Loss
Source Language
English
Contract Human Rights Breach of Contract Implied Terms Vendor Exclusion Damages Mitigation of Loss

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Parties

Sean Christie

Claimant

Harbourview Market

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether owners breached any contractual obligation to continue renting tables to the claimant
  2. 2 Whether an implied term existed obliging continued future rentals based on past rentals
  3. 3 Whether the refusal to rent constituted unlawful discrimination under the Human Rights Act

Ratio Decidendi

Because the table rentals were informal day-by-day verbal agreements, no term can be implied requiring continued future rentals; owners lawfully exercised discretion to refuse service due to claimant's disruptive conduct absent evidence of prohibited discrimination; claimant therefore failed to establish breach or recoverable damages.

Court Disposition

Claim dismissed