Premiere Van Lines v. Romeril

Premiere Van Lines v. Romeril

On the balance of probabilities the adjudicator found that the Defendant was bound by the terms (including furniture paid at 54% of gross and a 7.5% advance fee) by virtue of a March 2, 2009 memorandum and conduct over more than two years; Claimant's accounting was generally reliable; a specific SuperPass charge of...

Source-derived case information.

Citation
2012 NSSM 20
Parties
Claimant: Premiere Van Lines; Defendant: Jason Romeril
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
1 June 2012
Procedural Posture
Small Claims Court Claim / Decision (final)
Outcome
Claim allowed in part; judgment for Claimant in the sum of $13,470.13 plus costs of $182.94; counterclaim dismissed
Legal Topics
Account Reconciliation, Contract Interpretation, Advance Fees, Commission Calculation, Counterclaim
Source Language
english
Contract Law Commercial Law Civil Procedure Account Reconciliation Contract Interpretation Advance Fees Commission Calculation Counterclaim

Source-derived case record

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 5
Sign in to unlock

Parties

Premiere Van Lines

Claimant

Jason Romeril

Defendant

Procedural Posture

Small Claims Court Claim / Decision (final)

Legal Issues

  1. 1 Whether Defendant owed the claimed balance to Claimant
  2. 2 Whether furniture haulage was payable at 54% of gross or 80% of net
  3. 3 Whether a 7.5% advance/interest on purchases fee was agreed and properly charged

Ratio Decidendi

On the balance of probabilities the adjudicator found that the Defendant was bound by the terms (including furniture paid at 54% of gross and a 7.5% advance fee) by virtue of a March 2, 2009 memorandum and conduct over more than two years; Claimant's accounting was generally reliable; a specific SuperPass charge of $1,843.21 plus 7.5% fee ($138.24) was improperly charged and deducted, resulting in judgment for the Claimant of $13,470.13 plus costs $182.94; the Defendant's counterclaim was dismissed.

Court Disposition

Claim allowed in part; judgment for Claimant in the sum of $13,470.13 plus costs of $182.94; counterclaim dismissed

Orders

  • Judgment for the Claimant in the sum of $13,470.13
  • Costs awarded to the Claimant in the sum of $182.94