Tremblay v. MacDonald

Court found a verbal contract existed, the Defendants authorized and benefited from essential repair work, the claimant's rates and charges (including travel/time and materials) were reasonable in the context, and therefore the claimant was entitled to judgment for the outstanding balance plus filing fee.

Citation: 2020 NSSM 30
Parties: Claimant: Michel Ronald Tremblay; Defendant: Jerry MacDonald; Defendant: Misty MacDonald
Court: Nova Scotia Small Claims Court
Jurisdiction: Canada
Judgment Date: 15 July 2020
Procedural Posture: Small Claims Court (nova Scotia) / Hearing and Decision (telephone Conference)
Outcome: Judgment for the Claimant
Legal Topics: Oral Contract, Unpaid Invoice, Billing Disputes, Credibility of Witnesses
Source Language: English

Contract Construction Property Oral Contract Unpaid Invoice Billing Disputes Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 5

Parties

Michel Ronald Tremblay

Claimant

Jerry MacDonald

Defendant

Misty MacDonald

Defendant

Procedural Posture

Small Claims Court (nova Scotia) / Hearing and Decision (telephone Conference)

Legal Issues

1 Whether a verbal contract existed between the parties
2 Whether the Defendants authorized the additional work performed
3 Whether the amount charged for labour, materials and travel was reasonable

Ratio Decidendi

Court Disposition

Judgment for the Claimant

Orders

Judgment awarded to the Claimant for the balance of account in the amount of 8130.90 CAD
Payment of filing fee in the amount of 199.35 CAD