Roode & Rose Plumbing and Heating v. Blanchard

Roode & Rose Plumbing and Heating v. Blanchard

The Adjudicator found a time-and-materials contract existed and the defendant impliedly accepted the claimant's usual rates by requesting the work without asking rates; the materials and time spent obtaining them were reasonably necessary and recoverable; Kim Barro was not a proper party due to lack of contact; consequently the claimant was entitled to the billed amount and limited costs against Jonathan Blanchard only.

Citation
2012 NSSM 57
Parties
Claimant: ROODE & ROSE PLUMBING AND HEATING; Defendant: Jonathan Blanchard; Defendant: Kim Barro
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
1 November 2012
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for the claimant against Jonathan Blanchard for the billed amount plus allowed costs; claim against Kim Barro dismissed.
Legal Topics
Billing Dispute, Time and Materials Contract, Overcharging, Allocation of Service Costs, Party Liability
Source Language
English
Contract Consumer Law Small Claims Construction and Trades Billing Dispute Time and Materials Contract Overcharging Allocation of Service Costs +1 more

Case Brief

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Parties

ROODE & ROSE PLUMBING AND HEATING

Claimant

Jonathan Blanchard

Defendant

Kim Barro

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the claimant is entitled to recover the full billed amount
  2. 2 Whether charges for time spent obtaining supplies and for unused lengths of materials are recoverable
  3. 3 Whether Kim Barro is a proper party and liable for the claim

Ratio Decidendi

The Adjudicator found a time-and-materials contract existed and the defendant impliedly accepted the claimant's usual rates by requesting the work without asking rates; the materials and time spent obtaining them were reasonably necessary and recoverable; Kim Barro was not a proper party due to lack of contact; consequently the claimant was entitled to the billed amount and limited costs against Jonathan Blanchard only.

Court Disposition

Judgment for the claimant against Jonathan Blanchard for the billed amount plus allowed costs; claim against Kim Barro dismissed.

Orders

  • Judgment for claimant against Jonathan Blanchard for the billed amount of $1,139.79.
  • Allowance of claim issuing fee of $91.47.