TNT Teens Now Talk Magazine Publishing Inc. v. HFX Broadcasting Inc.

TNT Teens Now Talk Magazine Publishing Inc. v. HFX Broadcasting Inc.

The court found the parties' contract, read as a whole and informed by oral evidence and past practice, treated the 2015 cash payment as an advance for the remote broadcast; the defendant's change of format frustrated the contract such that the claimant was entitled to recovery of the prepaid amount of $2,754.02 plus specified costs.

Citation
2017 NSSM 40
Parties
Claimant: TNT Teens Now Talk Magazine Publishing Inc.; Defendant: HFX Broadcasting Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 July 2017
Procedural Posture
Small Claims Court / Hearing and Decision
Outcome
Judgment for Claimant
Legal Topics
Frustration of Contract, Breach of Contract, Refunds, Advertising Agreements, Barter Arrangements
Source Language
English
Contract Law Commercial/business Law Evidence Frustration of Contract Breach of Contract Refunds Advertising Agreements Barter Arrangements

Case Brief

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Parties

TNT Teens Now Talk Magazine Publishing Inc.

Claimant

HFX Broadcasting Inc.

Defendant

Procedural Posture

Small Claims Court / Hearing and Decision

Legal Issues

  1. 1 Whether the cash payment made in July 2015 was for the remote broadcast or for radio advertising spots
  2. 2 Whether the defendant's unilateral change of radio format frustrated or breached the contract
  3. 3 Whether the claimant is entitled to a refund of prepaid monies

Ratio Decidendi

The court found the parties' contract, read as a whole and informed by oral evidence and past practice, treated the 2015 cash payment as an advance for the remote broadcast; the defendant's change of format frustrated the contract such that the claimant was entitled to recovery of the prepaid amount of $2,754.02 plus specified costs.

Court Disposition

Judgment for Claimant

Orders

  • Defendant to pay Claimant $2,754.02
  • Defendant to pay Claimant $99.70 for issuing the claim