KMJ Agency Inc. v. Preferred Office Environments Inc.

KMJ Agency Inc. v. Preferred Office Environments Inc.

The claimant adjusted the claimed principal to $15,986.23, the defendant did not dispute that amount, the defendant's counterclaim lacked evidence of wrongful causation or loss attributable to the claimant, and there was insufficient basis to award prejudgment interest; accordingly judgment was entered for the claimant for the principal plus filing and service costs and the counterclaim was dismissed.

Citation
2017 NSSM 89
Parties
Claimant: KMJ Agency Inc.; Defendant: Preferred Office Environments Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 August 2017
Procedural Posture
Small Claims Court / Final Decision After Hearing
Outcome
Judgment for Claimant
Legal Topics
Non Payment, Warranty Claim, Breach of Contract, Counterclaim, Prejudgment Interest, Service of Process, Costs
Source Language
English
Contract Commercial Law Warranty Civil Procedure Non Payment Warranty Claim Breach of Contract Counterclaim +3 more

Case Brief

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Parties

KMJ Agency Inc.

Claimant

Preferred Office Environments Inc.

Defendant

Procedural Posture

Small Claims Court / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to payment of outstanding balance
  2. 2 Whether the defendant's counterclaim for loss of contract is sustainable
  3. 3 Whether prejudgment interest should be awarded

Ratio Decidendi

The claimant adjusted the claimed principal to $15,986.23, the defendant did not dispute that amount, the defendant's counterclaim lacked evidence of wrongful causation or loss attributable to the claimant, and there was insufficient basis to award prejudgment interest; accordingly judgment was entered for the claimant for the principal plus filing and service costs and the counterclaim was dismissed.

Court Disposition

Judgment for Claimant

Orders

  • Claim $15,986.23
  • Filing Costs $199.35