McInnis v. Wright

McInnis v. Wright

The claimant established on the balance of probabilities that work was performed and a pre-meltdown invoice of $15,471.53 credibly represented the value of labour and materials due; $15,000 previously paid covered the roof and the later July invoice was unreliable, so judgment was entered on a quantum meruit basis for $15,471.53 plus statutory interest at 4% from May 4, 2023; claims against all defendants except 11104713 Canada Inc. were dismissed and costs were declined.

Citation
2025 NSSM 65
Parties
Claimant: Scott Daniel McInnis; Defendant: Jonathan Wright; Defendant: Canada Property Partners; Defendant: 11104713 Canada Inc.; Defendant: 11970593 Canada Inc.; Defendant: 12761149 Canada Inc.; Defendant: 11777947 Canada Inc.; Defendant: 131960989 Canada Inc.; Defendant: 12680416 Canada Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 November 2025
Procedural Posture
Small Claims Court Claim / Adjudicator Decision Following Hearing
Outcome
Judgment for Claimant against 11104713 Canada Inc. in the principal amount of $15,471.53; all other claims dismissed; costs denied.
Legal Topics
Unpaid Account for Labour and Materials, Quantum Meruit, Oral/informal Agreements, Credibility Findings, Interest on Judgment, Costs
Source Language
English
Contract Property Procedure Remedies Unpaid Account for Labour and Materials Quantum Meruit Oral/informal Agreements Credibility Findings +2 more

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Parties

Scott Daniel McInnis

Claimant

Jonathan Wright

Defendant

Canada Property Partners

Defendant

11104713 Canada Inc.

Defendant

11970593 Canada Inc.

Defendant

12761149 Canada Inc.

Defendant

11777947 Canada Inc.

Defendant

131960989 Canada Inc.

Defendant

12680416 Canada Inc.

Defendant

Procedural Posture

Small Claims Court Claim / Adjudicator Decision Following Hearing

Legal Issues

  1. 1 Whether the defendant 11104713 Canada Inc. owed money for labour and materials on the North Provost St. property
  2. 2 Whether multiple common-control companies or the individual Jonathan Wright were properly liable
  3. 3 Whether claimant was entitled to recovery on a quantum meruit basis and in what amount

Ratio Decidendi

The claimant established on the balance of probabilities that work was performed and a pre-meltdown invoice of $15,471.53 credibly represented the value of labour and materials due; $15,000 previously paid covered the roof and the later July invoice was unreliable, so judgment was entered on a quantum meruit basis for $15,471.53 plus statutory interest at 4% from May 4, 2023; claims against all defendants except 11104713 Canada Inc. were dismissed and costs were declined.

Court Disposition

Judgment for Claimant against 11104713 Canada Inc. in the principal amount of $15,471.53; all other claims dismissed; costs denied.

Orders

  • All claims against defendants other than 11104713 Canada Inc. are dismissed.
  • Judgment for the Claimant against 11104713 Canada Inc. in the amount of $15,471.53.