Aimer Roofing Ltd. v. RCS Construction Incorporated

Aimer Roofing Ltd. v. RCS Construction Incorporated

The adjudicator's determination turns on whether the claimant proved formation of a contract for roofing services, the amount due, and that the specific named defendants are the proper parties liable under contract or agency principles, applying Small Claims Court procedures to resolve the dispute.

Citation
2019 NSSM 25
Parties
Claimant: Aimer Roofing Ltd.; Defendant: RCS Construction Incorporated; Defendant: The Source (Bell) Electronics Inc. / La Source (Bell) Electronique Inc. (carrying on business as "The Source"); Defendant: Toulon Development Corporation; Defendant: All Out Property Services (sole proprietorship of Pamela Churchill); Defendant: Pamela Churchill
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 June 2019
Procedural Posture
Small Claims Court / Decision (adjudication)
Outcome
Decision issued (details not provided in excerpt)
Legal Topics
Unpaid Invoice, Collection, Roofing Repairs, Agency/principal Liability
Source Language
English
Contract Debt Recovery Construction Property Unpaid Invoice Collection Roofing Repairs Agency/principal Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Aimer Roofing Ltd.

Claimant

RCS Construction Incorporated

Defendant

The Source (Bell) Electronics Inc. / La Source (Bell) Electronique Inc. (carrying on business as "The Source")

Defendant

Toulon Development Corporation

Defendant

All Out Property Services (sole proprietorship of Pamela Churchill)

Defendant

Pamela Churchill

Defendant

Procedural Posture

Small Claims Court / Decision (adjudication)

Legal Issues

  1. 1 Whether defendants are liable to pay an unpaid invoice for roofing repairs at Yarmouth Mall
  2. 2 Whether multiple named defendants are jointly or severally liable for the claimed amount
  3. 3 Whether recognized agents and sole proprietorships were properly identified and served

Ratio Decidendi

The adjudicator's determination turns on whether the claimant proved formation of a contract for roofing services, the amount due, and that the specific named defendants are the proper parties liable under contract or agency principles, applying Small Claims Court procedures to resolve the dispute.

Court Disposition

Decision issued (details not provided in excerpt)