Bourque Security Services v. Rockingstone Developments Inc.

Bourque Security Services v. Rockingstone Developments Inc.

The adjudicator found the Agreement was for security services, any clean-up was voluntary and not a contractual obligation, the Defendant failed to prove damage or entitlement to set-off, and therefore the Claimant was entitled to the claimed amount and costs; counterclaim dismissed.

Citation
2007 NSSM 73
Parties
Claimant: 3085036 Nova Scotia Limited carrying on business Bourque Security Services; Defendant: Rockingstone Developments Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
19 September 2007
Procedural Posture
Small Claims Contract for Services / Decision (adjudication)
Outcome
Claim allowed in full; counterclaim dismissed
Legal Topics
Breach of Contract, Set Off, Damages, Performance, Counterclaim
Source Language
English
Contract Law Tort Property Damage Civil Procedure Small Claims Breach of Contract Set Off Damages Performance Counterclaim

Case Brief

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Parties

3085036 Nova Scotia Limited carrying on business Bourque Security Services

Claimant

Rockingstone Developments Inc.

Defendant

Procedural Posture

Small Claims Contract for Services / Decision (adjudication)

Legal Issues

  1. 1 Whether the Claimant performed contracted security services and is owed $7,972.88
  2. 2 Whether the Defendant established entitlement to set-off for cleaning costs
  3. 3 Whether the Claimant caused damage to property (vapour barrier) and is liable for damages

Ratio Decidendi

The adjudicator found the Agreement was for security services, any clean-up was voluntary and not a contractual obligation, the Defendant failed to prove damage or entitlement to set-off, and therefore the Claimant was entitled to the claimed amount and costs; counterclaim dismissed.

Court Disposition

Claim allowed in full; counterclaim dismissed

Orders

  • Defendant pay Claimant $7,972.88
  • Defendant pay court costs $160.00