Findology Interactive Media Inc. v. Revquest Technologies Inc.

Findology Interactive Media Inc. v. Revquest Technologies Inc.

RevQuest failed to produce objective corroborating evidence of fraudulent traffic and therefore could not validly exercise its contractual discretion to credit back click-through revenues; the Delaware forum clause did not oust Nova Scotia jurisdiction; the counterclaim was untimely and unsupported and is dismissed; claimant entitled to $25,000 plus prejudgment interest and costs.

Citation
2007 NSSM 13
Parties
Claimant: Findology Interactive Media Inc.; Defendant: Revquest Technologies Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 April 2007
Procedural Posture
Small Claims Court / Final Decision Following Hearing and Post Hearing Submissions (dated April 30, 2007)
Outcome
Claim allowed in part; Defendant ordered to pay Claimant $28,152.52 CAD; Defendant's defence of fraudulent traffic and counterclaim dismissed; Nova Scotia courts retain jurisdiction.
Legal Topics
Pay Per Click Advertising, Fraudulent Traffic, Jurisdiction Clause, Counterclaim, Prejudgment Interest, Costs
Source Language
English
Contract Commercial Law Civil Procedure Pay Per Click Advertising Fraudulent Traffic Jurisdiction Clause Counterclaim Prejudgment Interest +1 more

Case Brief

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Parties

Findology Interactive Media Inc.

Claimant

Revquest Technologies Inc.

Defendant

Procedural Posture

Small Claims Court / Final Decision Following Hearing and Post Hearing Submissions (dated April 30, 2007)

Legal Issues

  1. 1 Jurisdiction (forum selection clause)
  2. 2 Alleged fraudulent/inflated pay-per-click traffic and contractual discretion
  3. 3 Counterclaim for unpaid traffic, bandwidth and reputational loss

Ratio Decidendi

RevQuest failed to produce objective corroborating evidence of fraudulent traffic and therefore could not validly exercise its contractual discretion to credit back click-through revenues; the Delaware forum clause did not oust Nova Scotia jurisdiction; the counterclaim was untimely and unsupported and is dismissed; claimant entitled to $25,000 plus prejudgment interest and costs.

Court Disposition

Claim allowed in part; Defendant ordered to pay Claimant $28,152.52 CAD; Defendant's defence of fraudulent traffic and counterclaim dismissed; Nova Scotia courts retain jurisdiction.

Orders

  • Defendant to pay Claimant principal debt of $25,000.00 CAD
  • Defendant to pay prejudgment interest of $1,667.00 CAD (4% for 20 months)