Ensor v. Sherry Hill Farm

Ensor v. Sherry Hill Farm

The claimant proved on the balance of probabilities that he performed work of at least the value of the outstanding invoices and that the defendant failed to prove a shortfall in value or that the payment terms were validly modified; accordingly judgment is entered for the claimant for the outstanding amount plus the filing fee, with no interest and a direction to return specified items or face a supplemental order.

Citation
2021 NSSM 1
Parties
Claimant: Eric G Ensor; Defendant: Sherry Hill Farm; Defendant: Sherry Thourburn Irvine
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 January 2021
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for the Claimant in the amount of $14,288.10; filing fee of $199.35 awarded; no interest; no service costs; claimant directed to return two drawers and a tea trolley top or a supplemental order may be issued.
Legal Topics
Breach of Contract, Payment Dispute, Valuation of Work, Contract Modification by Conduct, Evidence and Burden of Proof
Source Language
English
Contract Construction Civil Procedure Remedies Breach of Contract Payment Dispute Valuation of Work Contract Modification by Conduct +1 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 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Eric G Ensor

Claimant

Sherry Hill Farm

Defendant

Sherry Thourburn Irvine

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the claimant is entitled to payment for work performed on the kitchen
  2. 2 Whether the defendant received $15,000 worth of work
  3. 3 Whether the payment terms were validly modified by the defendant and accepted by the claimant

Ratio Decidendi

The claimant proved on the balance of probabilities that he performed work of at least the value of the outstanding invoices and that the defendant failed to prove a shortfall in value or that the payment terms were validly modified; accordingly judgment is entered for the claimant for the outstanding amount plus the filing fee, with no interest and a direction to return specified items or face a supplemental order.

Court Disposition

Judgment for the Claimant in the amount of $14,288.10; filing fee of $199.35 awarded; no interest; no service costs; claimant directed to return two drawers and a tea trolley top or a supplemental order may be issued.

Orders

  • Judgment for Claimant Eric G Ensor in the amount of 14288.10 CAD
  • Award filing fee of 199.35 CAD to Claimant