McKay Fuels 2010 Limited v. Hull

McKay Fuels 2010 Limited v. Hull

A mere statement of interest on an invoice, without evidence of an agreement or a course of dealings, does not establish an enforceable obligation to pay that interest; accordingly, contractual interest claims were denied and prejudgment interest was awarded at the 4% rate set out in the Small Claims Court Regulations, and reasonable NSF charges are recoverable.

Citation
2019 NSSM 47
Parties
CLAIMANT: McKay Fuels 2010 Ltd.; DEFENDANT: Jennifer Hull
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 September 2019
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for the plaintiff
Legal Topics
Prejudgment Interest, Implied Terms, Invoice Interest, Non Sufficient Funds Charges, Summary/quick Judgment
Source Language
English
Contract Debt/interest Civil Procedure Banking/nsf Fees Small Claims Prejudgment Interest Implied Terms Invoice Interest +2 more

Case Brief

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Parties

McKay Fuels 2010 Ltd.

CLAIMANT

Jennifer Hull

DEFENDANT

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether interest shown on invoices is enforceable absent an express agreement or a course of dealings
  2. 2 Whether NSF charges claimed by the creditor are recoverable
  3. 3 What rate of prejudgment interest applies in Small Claims Court

Ratio Decidendi

A mere statement of interest on an invoice, without evidence of an agreement or a course of dealings, does not establish an enforceable obligation to pay that interest; accordingly, contractual interest claims were denied and prejudgment interest was awarded at the 4% rate set out in the Small Claims Court Regulations, and reasonable NSF charges are recoverable.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment issued for principal amount of $1133.14
  • Prejudgment interest awarded of $22.66 representing simple interest at 4% for six months