Water Shed v. Parnell

Water Shed v. Parnell

Because claimant had clear authority to 240 feet but ambiguity thereafter, the court apportioned liability for the additional 60 feet, awarding claimant payment for half that extra work; claimant entitled to customary rate for services rendered resulting in a net judgment for claimant plus costs.

Citation
2013 NSSM 53
Parties
Claimant: THE WATER SHED; Defendant: JAMES PARNELL
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 October 2013
Procedural Posture
Small Claims Court / Hearing Concluded; Decision Rendered (final Judgment)
Outcome
Judgment for claimant.
Legal Topics
Quantum Meruit, Implied Contract, Payment for Services, Dispute Over Scope of Work
Source Language
English
Contract Law Construction Services Debt Recovery Quantum Meruit Implied Contract Payment for Services Dispute Over Scope of Work

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 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

THE WATER SHED

Claimant

JAMES PARNELL

Defendant

Procedural Posture

Small Claims Court / Hearing Concluded; Decision Rendered (final Judgment)

Legal Issues

  1. 1 Whether defendant authorized drilling beyond 240 feet
  2. 2 Whether defendant is liable for the full billed amount for drilling to 300 feet
  3. 3 Appropriate quantum of recovery where instructions were ambiguous

Ratio Decidendi

Because claimant had clear authority to 240 feet but ambiguity thereafter, the court apportioned liability for the additional 60 feet, awarding claimant payment for half that extra work; claimant entitled to customary rate for services rendered resulting in a net judgment for claimant plus costs.

Court Disposition

Judgment for claimant.

Orders

  • Reduce bill by $552.00 (30 feet at $16.00 = $480.00 plus HST $72.00).
  • Judgment in favor of claimant for $6,762.00 for drilling.