RDRVB Moving Services Ltd. v. Surette

RDRVB Moving Services Ltd. v. Surette

The adjudicator found the Surettes contracted anew with RDRVB Moving Services Ltd. when RDRVB assumed the business; as a result RDRVB was entitled to the contracted moving and related charges and the Surettes' counterclaim for the missing television did not offset payment. Accordingly judgment was entered for RDRVB for $909.65.

Citation
2004 NSSM 21
Parties
Claimant: RDRVB Moving Services Ltd.; Defendant: Robert Surette; Defendant: Dianne Surette
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 March 2004
Procedural Posture
Small Claims Court / Decision/order After Hearing
Outcome
Judgment for claimant RDRVB Moving Services Ltd.; defendant Robert Surette ordered to pay $909.65; defendants' counterclaim for the television and stand not awarded as an offset sufficient to defeat the claim.
Legal Topics
Loss of Goods in Storage, Formation of New Contract/novation, Storage Charges, Set Off/counterclaim, Measure of Damages (depreciation/new for Old), Bad Cheque Fee
Source Language
English
Contract Bailment Tort Negligence Small Claims Procedure Loss of Goods in Storage Formation of New Contract/novation Storage Charges Set Off/counterclaim +2 more

Case Brief

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Parties

RDRVB Moving Services Ltd.

Claimant

Robert Surette

Defendant

Dianne Surette

Defendant

Procedural Posture

Small Claims Court / Decision/order After Hearing

Legal Issues

  1. 1 Who is liable for the missing television while goods were stored
  2. 2 Whether a new contract was formed between the Surettes and RDRVB Moving Services Ltd.
  3. 3 Whether RDRVB is entitled to moving and ancillary charges despite the missing property

Ratio Decidendi

The adjudicator found the Surettes contracted anew with RDRVB Moving Services Ltd. when RDRVB assumed the business; as a result RDRVB was entitled to the contracted moving and related charges and the Surettes' counterclaim for the missing television did not offset payment. Accordingly judgment was entered for RDRVB for $909.65.

Court Disposition

Judgment for claimant RDRVB Moving Services Ltd.; defendant Robert Surette ordered to pay $909.65; defendants' counterclaim for the television and stand not awarded as an offset sufficient to defeat the claim.

Orders

  • Robert Surette to pay RDRVB Moving Services Ltd. the sum of $909.65.