Irving Oil Marketing Ltd. v. Palmer Refrigeration Inc.

Irving Oil Marketing Ltd. v. Palmer Refrigeration Inc.

The adjudicator found Irving had a contract with Palmer and reasonably relied on that contract; there was insufficient evidence that Palmer was acting as agent for HPES such that Irving contracted with HPES, so Palmer is liable to Irving for the unpaid invoices. Separately, the adjudicator found Palmer obtained...

Source-derived case information.

Citation
2010 NSSM 17
Parties
Claimant: Irving Oil Marketing Limited; Defendant/claimant: Palmer Refrigeration Inc.; Defendant: High Performance Energy Systems Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 February 2010
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Irving against Palmer; judgment for Palmer against HPES.
Legal Topics
Unpaid Invoices, Agency Relationship, Joinder of Claims, Indemnity
Source Language
english
Contract Agency Commercial Law Debt Recovery Unpaid Invoices Agency Relationship Joinder of Claims Indemnity

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Parties

Irving Oil Marketing Limited

Claimant

Palmer Refrigeration Inc.

Defendant/claimant

High Performance Energy Systems Inc.

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether Palmer Refrigeration Inc. is contractually liable to Irving for unpaid diesel fuel invoices
  2. 2 Whether High Performance Energy Systems Inc. is liable to indemnify Palmer for amounts owed to Irving
  3. 3 Whether Palmer acted as agent for HPES such that Irving contracted with HPES rather than Palmer

Ratio Decidendi

The adjudicator found Irving had a contract with Palmer and reasonably relied on that contract; there was insufficient evidence that Palmer was acting as agent for HPES such that Irving contracted with HPES, so Palmer is liable to Irving for the unpaid invoices. Separately, the adjudicator found Palmer obtained credit and fuel for the benefit of HPES and HPES is required to indemnify Palmer for amounts Palmer must pay to Irving.

Court Disposition

Judgment for Irving against Palmer; judgment for Palmer against HPES.

Orders

  • In Claim SCCH #312957 Palmer Refrigeration Inc. shall pay Irving Oil Marketing Limited $21,576.07 (comprised of $20,995.25 principal and costs of $294.41, $70.00, $196.16 and $20.25).
  • In Claim SCCH #316684 High Performance Energy Systems Inc. shall pay Palmer Refrigeration Inc. $21,174.61 (comprised of $20,995.25 principal and $179.36 costs).