Royal LePage Atlantic v. Shea

Royal LePage Atlantic v. Shea

The Defendant's signed written acknowledgment admitting the debt and consenting to interest, together with the Claimant's detailed account records and the Defendant's failure to prove his counterclaims, established liability; interest was enforceable but recovery was limited to the court's $25,000 monetary jurisdiction.

Citation
2016 NSSM 32
Parties
Claimant: ROYAL LEPAGE ATLANTIC; Defendant: HAROLD SHEA
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 June 2016
Procedural Posture
Small Claims Court / Decision (reasons for Judgment)
Outcome
Judgment for Claimant for $25,000.00 plus costs of $199.35.
Legal Topics
Acknowledgment of Debt, Interest Charges, Agent Commission Dispute, Estoppel, Limitation/laches, Monetary Jurisdiction
Source Language
English
Contract Debt Recovery Real Estate Law Commercial Law Acknowledgment of Debt Interest Charges Agent Commission Dispute Estoppel +2 more

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Parties

ROYAL LEPAGE ATLANTIC

Claimant

HAROLD SHEA

Defendant

Procedural Posture

Small Claims Court / Decision (reasons for Judgment)

Legal Issues

  1. 1 Whether the Defendant owes the account deficit claimed by the Claimant
  2. 2 Whether the Defendant was shortchanged on a 2003 commission
  3. 3 Whether the Defendant was shortchanged on a 2010 commission

Ratio Decidendi

The Defendant's signed written acknowledgment admitting the debt and consenting to interest, together with the Claimant's detailed account records and the Defendant's failure to prove his counterclaims, established liability; interest was enforceable but recovery was limited to the court's $25,000 monetary jurisdiction.

Court Disposition

Judgment for Claimant for $25,000.00 plus costs of $199.35.

Orders

  • Judgment entered for the Claimant against the Defendant in the sum of $25,000.00
  • Defendant ordered to pay costs to the Claimant in the sum of $199.35