Memorial Gardens (Canada) Ltd. v. Ryan

Memorial Gardens (Canada) Ltd. v. Ryan

Adjudicator found the decedent's pre-paid contracts were all-inclusive for ordinary services and had been paid; Ms. Ryan was not sufficiently informed when she signed the new Funeral Service Agreement and therefore that agreement had no force or effect; alternatively the services were already covered by the pre-paid contracts. Accordingly the claimant's claim for $1,105.80 was dismissed.

Citation
2007 NSSM 99
Parties
Claimant: Memorial Gardens (Canada) Ltd.; Defendant: Shirley Ryan; Defendant: Estate of Mary Elizabeth Sampson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 October 2007
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed.
Legal Topics
Pre Need Funeral Contracts, Contract Interpretation, Authority of Executor, Trust Obligations for Funeral Homes, Contra Proferentem, Unconscionability
Source Language
English
Contract Law Estate Law Consumer Protection Pre Need Funeral Contracts Contract Interpretation Authority of Executor Trust Obligations for Funeral Homes Contra Proferentem +1 more

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Parties

Memorial Gardens (Canada) Ltd.

Claimant

Shirley Ryan

Defendant

Estate of Mary Elizabeth Sampson

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the Funeral Service Agreement signed by Shirley Ryan created liability for additional funeral charges
  2. 2 Whether pre-paid pre-need contracts executed by decedent covered the services charged
  3. 3 Whether the executor had authority and adequate notice to bind the estate

Ratio Decidendi

Adjudicator found the decedent's pre-paid contracts were all-inclusive for ordinary services and had been paid; Ms. Ryan was not sufficiently informed when she signed the new Funeral Service Agreement and therefore that agreement had no force or effect; alternatively the services were already covered by the pre-paid contracts. Accordingly the claimant's claim for $1,105.80 was dismissed.

Court Disposition

Claim dismissed.

Orders

  • Claimant's claim is dismissed.