Doucette v. Lyndon Lynch Architects Ltd.

Doucette v. Lyndon Lynch Architects Ltd.

No binding contract existed because there was no offer and acceptance and no tender was issued; because there was no contract the agency issue did not arise and the claimant's reliance on public announcements lacked evidentiary foundation, so the claim fails.

Source-derived case information.

Citation
2011 NSSM 1
Parties
Claimant: Philip R Doucette; Defendant: Lydon Lynch Architects Limited; Defendant: Halifax City Farmers’ Market Cooperative Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
1 January 2011
Procedural Posture
Small Claims Court / Decision
Outcome
Action dismissed
Legal Topics
Contract Formation, Apparent Authority, Agency, Design Services, Agreement to Agree
Source Language
english
Contract Law Agency Law Civil Procedure Contract Formation Apparent Authority Agency Design Services Agreement to Agree

Source-derived case record

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Parties

Philip R Doucette

Claimant

Lydon Lynch Architects Limited

Defendant

Halifax City Farmers’ Market Cooperative Limited

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether a binding contract existed between the claimant and the defendant
  2. 2 Whether Lydon Lynch had actual or apparent authority to bind Halifax City Farmers’ Market Cooperative Limited
  3. 3 Whether the claimant is entitled to design fees absent a completed contract or tender

Ratio Decidendi

No binding contract existed because there was no offer and acceptance and no tender was issued; because there was no contract the agency issue did not arise and the claimant's reliance on public announcements lacked evidentiary foundation, so the claim fails.

Court Disposition

Action dismissed

Orders

  • Action dismissed with no order as to costs