Billy Stick Food Ltd. v. Khoury

Billy Stick Food Ltd. v. Khoury

The adjudicator dismissed the claim against Natalie Khoury because she was not a party to the contract, found some merit to the defendant's complaints about product quality but not to the full amount claimed, split the difference and awarded $783 for the goods plus allowed filing and reduced service costs, resulting in a total judgment of $957.70 against Jack Khoury.

Citation
2017 NSSM 27
Parties
Claimant: Billy Stick Food Ltd.; Defendant: Jack Khoury; Defendant: Natalie Khoury
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 May 2017
Procedural Posture
Small Claims Breach of Contract (sale of Goods) / Hearing and Decision
Outcome
Claimant partially successful; claim against Natalie Khoury dismissed; judgment entered against Jack Khoury for $957.70.
Legal Topics
Breach of Contract, Quality of Goods, Assessment of Damages, Party Liability, Costs and Service
Source Language
English
Contract Sale of Goods Commercial Law Small Claims Court Breach of Contract Quality of Goods Assessment of Damages Party Liability +1 more

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Parties

Billy Stick Food Ltd.

Claimant

Jack Khoury

Defendant

Natalie Khoury

Defendant

Procedural Posture

Small Claims Breach of Contract (sale of Goods) / Hearing and Decision

Legal Issues

  1. 1 Whether defendant owed unpaid balance for wholesale supply of donair meat
  2. 2 Whether Natalie Khoury was liable despite signing for deliveries
  3. 3 Appropriate quantum of damages given alleged defective goods

Ratio Decidendi

The adjudicator dismissed the claim against Natalie Khoury because she was not a party to the contract, found some merit to the defendant's complaints about product quality but not to the full amount claimed, split the difference and awarded $783 for the goods plus allowed filing and reduced service costs, resulting in a total judgment of $957.70 against Jack Khoury.

Court Disposition

Claimant partially successful; claim against Natalie Khoury dismissed; judgment entered against Jack Khoury for $957.70.

Orders

  • Judgment for Billy Stick Food Ltd. against Jack Khoury in the amount of $957.70.
  • Claim against Natalie Khoury dismissed.