Progressive Cabinets & Millwork Ltd. v. Lopez

Progressive Cabinets & Millwork Ltd. v. Lopez

The numbered company (3278216 Nova Scotia Limited) was the intended Purchaser and is liable; Geoff Keddy is not personally liable because he did not execute the contract as Purchaser and was not made a guarantor; Leo Lopez signed as Co-Purchaser and is jointly and severally liable under paragraph 3; the interest/service charge language was too vague to support an 18% annual rate so only statutory 4% prejudgment interest was awarded plus filing and service costs, producing a judgment for the Claimant against the numbered company and Lopez for $12,708.03.

Citation
2015 NSSM 59
Parties
Claimant: Progressive Cabinets & Millwork Limited; Defendant: Leo Lopez; Defendant: Geoff Keddy; Defendant: 3278216 Nova Scotia Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 October 2015
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for the Claimant against 3278216 Nova Scotia Limited and Leo Lopez; claim against Geoff Keddy dismissed
Legal Topics
Contract Interpretation, Signature and Authority, Joint and Several Liability, Prejudgment Interest, Form Contracts, Enforceability of Invoice Terms
Source Language
English
Contract Law Debt Recovery Commercial Law Statutory Interest Law Contract Interpretation Signature and Authority Joint and Several Liability Prejudgment Interest +2 more

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Parties

Progressive Cabinets & Millwork Limited

Claimant

Leo Lopez

Defendant

Geoff Keddy

Defendant

3278216 Nova Scotia Limited

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether Geoff Keddy is personally liable under the purchase agreement
  2. 2 Whether 3278216 Nova Scotia Limited is the purchaser and liable
  3. 3 Whether Leo Lopez is jointly liable as Co-Purchaser

Ratio Decidendi

The numbered company (3278216 Nova Scotia Limited) was the intended Purchaser and is liable; Geoff Keddy is not personally liable because he did not execute the contract as Purchaser and was not made a guarantor; Leo Lopez signed as Co-Purchaser and is jointly and severally liable under paragraph 3; the interest/service charge language was too vague to support an 18% annual rate so only statutory 4% prejudgment interest was awarded plus filing and service costs, producing a judgment for the Claimant against the numbered company and Lopez for $12,708.03.

Court Disposition

Judgment for the Claimant against 3278216 Nova Scotia Limited and Leo Lopez; claim against Geoff Keddy dismissed

Orders

  • Judgment for Debt: $11,819.36 payable to Progressive Cabinets & Millwork Limited
  • Prejudgment interest: $597.12 (4% per annum from July 8, 2014 to October 13, 2015)