Burkey Holdings Ltd. v. Sutherland

Burkey Holdings Ltd. v. Sutherland

The adjudicator accepted the claimants' documentary evidence and invoice notations as establishing the applicable charges and payments, found the defendant was not registered to collect HST so no HST was payable by the claimant, allowed specified deductions and credits (braces paid by claimant, $1,800 remedial work, beam charge reduced and cleanup reduced), performed an accounting and awarded the claimants the resulting balance of $10,063.15 plus $182.94 costs for a total judgment of $10,246.09.

Citation
2013 NSSM 8
Parties
Claimant: Burkey Holdings Limited; Claimant: The Water Shed Well Drilling Metro 2003 Limited; Claimant: The Water Shed Water Conditioning Limited; Defendant: Shawn Sutherland
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 February 2013
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimants in the amount of $10,246.09 (including costs).
Legal Topics
Oral Contract, Payment Dispute, Invoice Dispute, Set Off, HST Registration, Remedial Work, Damages, Quantification
Source Language
English
Contract Construction Taxation Remedies Civil Procedure Oral Contract Payment Dispute Invoice Dispute +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Burkey Holdings Limited

Claimant

The Water Shed Well Drilling Metro 2003 Limited

Claimant

The Water Shed Water Conditioning Limited

Claimant

Shawn Sutherland

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the parties agreed on fixed prices for the drilled well and ICF foundation and which amounts remain unpaid
  2. 2 Whether the $2000 payment was applied to the well or to other work
  3. 3 Whether HST is payable to a supplier who was not registered at the time of the transactions

Ratio Decidendi

The adjudicator accepted the claimants' documentary evidence and invoice notations as establishing the applicable charges and payments, found the defendant was not registered to collect HST so no HST was payable by the claimant, allowed specified deductions and credits (braces paid by claimant, $1,800 remedial work, beam charge reduced and cleanup reduced), performed an accounting and awarded the claimants the resulting balance of $10,063.15 plus $182.94 costs for a total judgment of $10,246.09.

Court Disposition

Judgment for Claimants in the amount of $10,246.09 (including costs).

Orders

  • Defendant pay Claimants $10,063.15 (balance of accounts)
  • Defendant pay court costs $182.94