Hotel N.S. Ownership Limited Partnership v. Infonex Inc.

Hotel N.S. Ownership Limited Partnership v. Infonex Inc.

Claimant proved contractual performance and invoiced $6,313.97; defendant's counterclaim lacked sufficient evidence except for the allergy incident. The offered discount of $840.63, though gratuitous, represents reasonable damages for the allergy-related injury and is accepted. Net judgment for the claimant calculated after deducting $840.63 and adding costs results in $5,819.44; no prejudgment interest awarded.

Citation
2013 NSSM 34
Parties
Claimant: Hotel N.S. Ownership Limited Partnership; Defendant: Infonex Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 September 2013
Procedural Posture
Small Claims Court Contract and Tort (negligence) Dispute / Decision (final)
Outcome
Judgment for claimant. Defendant ordered to pay claimant $5,819.44. Defendant's counterclaim dismissed for lack of supporting evidence except as noted regarding the allergy.
Legal Topics
Breach of Contract, Gratuitous Promises and Consideration, Negligence and Duty of Care, Damages Quantification, Evidence Sufficiency
Source Language
English
Contract Law Tort (negligence) Commercial Law Breach of Contract Gratuitous Promises and Consideration Negligence and Duty of Care Damages Quantification Evidence Sufficiency

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Hotel N.S. Ownership Limited Partnership

Claimant

Infonex Inc.

Defendant

Procedural Posture

Small Claims Court Contract and Tort (negligence) Dispute / Decision (final)

Legal Issues

  1. 1 Whether the defendant established breach of contract or sufficient proof of service failures (vermin, mold, room conditions) to reduce or negate the claimant's bill
  2. 2 Whether the claimant's gratuitous offer to discount was a binding contractual obligation
  3. 3 Whether the claimant was negligent in relation to a delegate's allergy and, if so, quantum of damages

Ratio Decidendi

Claimant proved contractual performance and invoiced $6,313.97; defendant's counterclaim lacked sufficient evidence except for the allergy incident. The offered discount of $840.63, though gratuitous, represents reasonable damages for the allergy-related injury and is accepted. Net judgment for the claimant calculated after deducting $840.63 and adding costs results in $5,819.44; no prejudgment interest awarded.

Court Disposition

Judgment for claimant. Defendant ordered to pay claimant $5,819.44. Defendant's counterclaim dismissed for lack of supporting evidence except as noted regarding the allergy.

Orders

  • Defendant pay claimant $6,313.97 less $840.63 plus $193.55 court costs plus $152.55 service costs, total $5,819.44
  • No prejudgment interest awarded