Comeau v. Smith

Because the Claimant complied with the prior order by executing and providing a quit claim deed and the Defendant failed to arrange the release within the ordered 60 days, the court ordered payment of $5,000 plus $150.08 in deed preparation costs, totaling $5,150.08, added to the judgment.

Citation: 2020 NSSM 2
Parties: Claimant: Ginger Anne Comeau; Defendant: Ian John Smith; Defendant: Clare Logging and Tree Farming
Court: Nova Scotia Small Claims Court
Jurisdiction: Canada
Judgment Date: 15 January 2020
Procedural Posture: Small Claims Court / Final Decision (supplemental)
Outcome: Judgment for the Claimant in the amount of $5,150.08
Legal Topics: Quit Claim Deed, Release of Interest, Enforcement of Order, Costs Added to Judgment
Source Language: English

Property Law Conveyancing Civil Procedure Remedies Quit Claim Deed Release of Interest Enforcement of Order Costs Added to Judgment

Case Brief

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Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3

Parties

Ginger Anne Comeau

Claimant

Ian John Smith

Defendant

Clare Logging and Tree Farming

Defendant

Procedural Posture

Small Claims Court / Final Decision (supplemental)

Legal Issues

1 Whether the Claimant was entitled to payment under the earlier order dated May 2, 2019
2 Whether the cost of preparing the quit claim deed could be added to the judgment due to the Defendant's failure to provide the release within the ordered time frame
3 Whether the Claimant had performed the release obligation and was unpaid

Ratio Decidendi

Court Disposition

Judgment for the Claimant in the amount of $5,150.08

Orders

Judgment in favour of the Claimant in the amount of $5,150.08