Mitchell v. Hindon Construction Ltd.

Mitchell v. Hindon Construction Ltd.

On the balance of probabilities the email exchange and the parties' conduct amounted to acceptance of the Claimant's price and authorization to proceed; the Claimant's evidence that the $300 extra was authorized was unchallenged and therefore the Claimant is entitled to the invoiced amount of $1,907.07; interest is declined and fixed costs are awarded.

Citation
2018 NSSM 54
Parties
Claimant: Brian Mitchell; Defendant: Hindon Construction Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 July 2018
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed; award entered for the Claimant in the amount of $1,907.07; interest denied; costs awarded.
Legal Topics
Price Dispute, Subcontracting, Authorization of Extra Work, Evidence and Credibility, Costs and Interest
Source Language
English
Contract Law Construction Law Civil Procedure Debt Recovery Price Dispute Subcontracting Authorization of Extra Work Evidence and Credibility +1 more

Case Brief

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Parties

Brian Mitchell

Claimant

Hindon Construction Ltd.

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether a binding agreement existed between the parties for the tile work
  2. 2 Whether the extra $300 labour charge was authorized
  3. 3 Whether the Claimant is entitled to the invoiced amount and costs

Ratio Decidendi

On the balance of probabilities the email exchange and the parties' conduct amounted to acceptance of the Claimant's price and authorization to proceed; the Claimant's evidence that the $300 extra was authorized was unchallenged and therefore the Claimant is entitled to the invoiced amount of $1,907.07; interest is declined and fixed costs are awarded.

Court Disposition

Claim allowed; award entered for the Claimant in the amount of $1,907.07; interest denied; costs awarded.

Orders

  • Defendant Hindon Construction Ltd. shall pay Claimant Brian Mitchell $1,907.07.
  • Defendant shall pay costs to Claimant of $99.70 for claim issuance and $12.00 for registered mail, total $111.70.