Bedford Academy Incorporated v. Ogunsanya

Bedford Academy Incorporated v. Ogunsanya

The introductory letter was aspirational and too vague to constitute contractual terms; the operative contract was the provision of education to required provincial standards and the signed 2023 Letter of Commitment. The Defendant failed to prove any contractual breach by the Claimant that would discharge his payment obligations, and he remained liable under the Letter of Commitment; the Claimant was therefore entitled to damages, interest and costs.

Citation
2024 NSSM 86
Parties
Claimant: Bedford Academy Incorporated; Defendant: Laniyi Ogunsanya
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 November 2024
Procedural Posture
Small Claims Contract / Decision (adjudicator)
Outcome
Claim allowed
Legal Topics
Contract Formation, Certainty of Terms, Repudiatory Breach, Contractual Interpretation, Tuition Payment and Notice Provisions, Pre Judgement Interest, Costs
Source Language
English

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Parties

Bedford Academy Incorporated

Claimant

Laniyi Ogunsanya

Defendant

Procedural Posture

Small Claims Contract / Decision (adjudicator)

  1. 1 Whether the introductory letter to parents constituted contractual terms forming an offer accepted by the Defendant
  2. 2 Whether the language in the introductory letter was sufficiently certain and enforceable
  3. 3 Whether the Claimant breached any contractual obligations such that the Defendant was discharged from payment under the 2023 Letter of Commitment

Ratio Decidendi

The introductory letter was aspirational and too vague to constitute contractual terms; the operative contract was the provision of education to required provincial standards and the signed 2023 Letter of Commitment. The Defendant failed to prove any contractual breach by the Claimant that would discharge his payment obligations, and he remained liable under the Letter of Commitment; the Claimant was therefore entitled to damages, interest and costs.

Court Disposition

Claim allowed

Orders

  • Damages for breach of contract- $12000
  • Pre-judgement interest at 4% from October 2023- October 2024 (13 months) - $520.00