Cambridge Financial Services v. Chen

Cambridge Financial Services v. Chen

Adjudicator found the parties entered valid written fixed-fee contracts and services were not professionally deficient; however, under the Limitation of Actions Act the balance owing as at May 19, 2021 was discoverable and statute barred, leaving only Invoice $5,527.19 as not time-barred; accordingly judgment entered only for that amount against China Palace with costs, claim against Ms. Chen and all counterclaims dismissed.

Citation
2024 NSSM 23
Parties
Claimant: Cambridge Financial Services; Defendant: Qiao Jing Chen (Jane Chen); Defendant: China Palace Restaurant Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 March 2024
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment in part for Claimant against China Palace Restaurant Limited for $5,527.19 plus $199.35 costs; claim against Qiao Jing Chen dismissed; counterclaims dismissed.
Legal Topics
Unpaid Fees, Contingency Fee Vs Fixed Fee, Discoverability, Running Account, Forbearance, Credibility of Witnesses
Source Language
English
Contract Limitation of Actions Debt Recovery Tax Unpaid Fees Contingency Fee Vs Fixed Fee Discoverability Running Account +2 more

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Parties

Cambridge Financial Services

Claimant

Qiao Jing Chen (Jane Chen)

Defendant

China Palace Restaurant Limited

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether Defendants agreed to fixed fee contracts
  2. 2 Whether the accounts rendered were payable
  3. 3 Whether the claims were statute barred under the Limitation of Actions Act

Ratio Decidendi

Adjudicator found the parties entered valid written fixed-fee contracts and services were not professionally deficient; however, under the Limitation of Actions Act the balance owing as at May 19, 2021 was discoverable and statute barred, leaving only Invoice $5,527.19 as not time-barred; accordingly judgment entered only for that amount against China Palace with costs, claim against Ms. Chen and all counterclaims dismissed.

Court Disposition

Judgment in part for Claimant against China Palace Restaurant Limited for $5,527.19 plus $199.35 costs; claim against Qiao Jing Chen dismissed; counterclaims dismissed.

Orders

  • Judgment against China Palace Restaurant Limited in SCCH 527650 for $5,527.19
  • Award of costs to Claimant of $199.35 against China Palace Restaurant Limited