Clarity Accounting and Business Solutions Inc. v. LHPM Industrial Poly Liner Inc.

Clarity Accounting and Business Solutions Inc. v. LHPM Industrial Poly Liner Inc.

Claimant proved that work was performed, defendant did not establish any agreement making payment contingent on financing, and there was insufficient evidence to support the counterclaim; therefore recovery is appropriate on a quantum meruit basis measured by claimant's hours at the quoted rate, resulting in judgment for the claimant for $4,600.00 (including HST) plus costs of $91.47.

Citation
2012 NSSM 8
Parties
Claimant: Clarity Accounting & Business Solutions Inc.; Defendant: LHPM Industrial Poly Liner Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
3 January 2012
Procedural Posture
Small Claims Court / Decision (hearing Held Nov 29, 2011; Decision Rendered Jan 3, 2012)
Outcome
Claim allowed in full; counterclaim dismissed.
Legal Topics
Quantum Meruit, Fees Dispute, Counterclaim, Damages, Costs
Source Language
English
Contract Commercial Law Debt Recovery Professional Services Quantum Meruit Fees Dispute Counterclaim Damages +1 more

Case Brief

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Parties

Clarity Accounting & Business Solutions Inc.

Claimant

LHPM Industrial Poly Liner Inc.

Defendant

Procedural Posture

Small Claims Court / Decision (hearing Held Nov 29, 2011; Decision Rendered Jan 3, 2012)

Legal Issues

  1. 1 Whether claimant entitled to payment for accounting projections
  2. 2 Whether payment was contingent on obtaining financing
  3. 3 Whether defendant proved counterclaims for penalties, HST interest, remediation costs and legal expenses

Ratio Decidendi

Claimant proved that work was performed, defendant did not establish any agreement making payment contingent on financing, and there was insufficient evidence to support the counterclaim; therefore recovery is appropriate on a quantum meruit basis measured by claimant's hours at the quoted rate, resulting in judgment for the claimant for $4,600.00 (including HST) plus costs of $91.47.

Court Disposition

Claim allowed in full; counterclaim dismissed.

Orders

  • Judgment for Claimant in the amount of $4,600.00 (including HST).
  • Counterclaim dismissed.