Dixon v. McNicol
The adjudicator found the claimant proved entitlement to judgment on the settlement claim and awarded $21,100 plus the filing fee of $199.35, concluding that the evidence established the claim and that issues such as third‑party beneficiary status did not preclude granting judgment; the estoppel argument was...
Source-derived case information.
- Citation
- 2019 NSSM 45
- Parties
- Claimant: Gary Roland Dixon; Defendant: Ian John McNicol
- Court
- Nova Scotia Small Claims Court
- Jurisdiction
- Canada
- Judgment Date
- 10 September 2019
- Procedural Posture
- Small Claims Court / Decision/adjudication
- Outcome
- Judgment for Claimant
- Legal Topics
- Settlement Enforcement, Third‑party Beneficiary, Estoppel, Service of Process, Costs Award
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gary Roland Dixon
Claimant
Ian John McNicol
Defendant
Procedural Posture
Small Claims Court / Decision/adjudication
Legal Issues
- 1 existence and enforceability of a settlement agreement relating to Tusket Motor Sports
- 2 whether a third party can be the beneficiary of the contract and thus be liable
- 3 estoppel argument raised by the defendant
Ratio Decidendi
The adjudicator found the claimant proved entitlement to judgment on the settlement claim and awarded $21,100 plus the filing fee of $199.35, concluding that the evidence established the claim and that issues such as third‑party beneficiary status did not preclude granting judgment; the estoppel argument was unnecessary to decide.
Court Disposition
Judgment for Claimant
Orders
- Judgment awarded to Claimant in the amount of $21,100.
- Costs awarded: filing fee of $199.35.
Full Case Text
Judgment text and source record
1 paragraphs
Dixon v. McNicol Court Small Claims Court Date 2019-09-10 Citation 2019 NSSM 45 Docket SCY No. 478896 Judge/Registrar/Adjudicator Nickerson, Andrew S. (Adjudicator) Document Type Decision Decision Content Your browser's JavaScipt is disabled. Please download the PDF via the PDF icon. IN T HE SMALL CLAIMS COURT OF NOVA SCOTIA Ci tation: Dixon v. McNicol, 2019 NSSM 45 Claim: SCY No. 478896 Registry: Yarmouth Between: GARY ROLAND DIXON CLAIMANT -and- IAN JOHN MCNICOL DEFENDANT Adjudicator: Andrew S. Nickerson, Q.C. Heard: July 12, 2019 and August 26, 2019 Decision: September 10, 2019 Appearances: Mary Jane McGinty for the Claimant, Rubin Dexter for the Defendant DECISION Facts [1]I heard evidence on behalf of the Claimant from Ernest Boudreau who is a Chartered Professional Accountant and who was the only witness for the claimant. On behalf of the Defendant I heard evidence from Shelley Nickerson and the Defendant, Mr. McNicol. [2] I found all of the witnesses to be forthright and truthful, yet understandably speaking from their knowledge and perspective. I do not find it necessary to make any findings of credibility in the sense that I must resolve contradictory evidence. r. correct. These parties negotiated a settlement of their affairs relating to Tusket Motor Sports, and various entities on both sides related to one party or the other were involved in that process. I know of no authority, and Ms. McGinty did not submit any, that states that it is not possible for third party to be the beneficiary of the contract. [30] I decline to address the estoppel argument put forward by Mr. Dexter because it is not necessary to do so given what I have already decided. [31] I wish to thank counsel for their helpful assistance in the conduct of the case. [32] In the result, I am prepared to grant judgement to the Claimant in the amount of $21,100 together the with costs of the filing fee in the amount of $199.35. I do not find an invoice for service in the file. I will allow Mr. Dexter seven days from the filing of this decision, to either advise that he does not have costs for service, or to produce an invoice from the process server, before I issue the formal order. Dated at Yarmouth, Nova Scotia, this 10th day of September, 2019. Andrew S. Nickerson Q.C., Adjudicator