Christopher Boyd Aimer Roofing v. Churchill

Christopher Boyd Aimer Roofing v. Churchill

On the balance of probabilities the adjudicator accepted the Claimant's evidence that Defendant Churchill authorized the work; the Claimant was contracted to and performed work for the Defendant (referred to as Defendant's subcontractor in documents); Defendant is liable for the invoice. Prejudgment interest at 2.5% for one year ($86.78) is awarded and filing costs of $99.70 are recoverable, resulting in total judgment of $3,657.61.

Citation
2017 NSSM 64
Parties
Claimant: CHRISTOPHER BOYD AIMER ROOFING; Defendant: STAN CHURCHILL; Defendant: ALL-OUT-PROPERTY-SERVICES
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 May 2017
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimant; Defendant liable for invoice, interest and costs.
Legal Topics
Authority to Contract, Implied Contract, Subcontractor Status, Prejudgment Interest, Credibility Assessment
Source Language
English
Contract Law Construction Law Debt Recovery Authority to Contract Implied Contract Subcontractor Status Prejudgment Interest Credibility Assessment

Case Brief

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Parties

CHRISTOPHER BOYD AIMER ROOFING

Claimant

STAN CHURCHILL

Defendant

ALL-OUT-PROPERTY-SERVICES

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the Defendant authorized the Claimant to proceed with roofing work
  2. 2 Whether a contract existed between the parties and with whom the contract was formed
  3. 3 Entitlement to prejudgment interest and recoverable costs

Ratio Decidendi

On the balance of probabilities the adjudicator accepted the Claimant's evidence that Defendant Churchill authorized the work; the Claimant was contracted to and performed work for the Defendant (referred to as Defendant's subcontractor in documents); Defendant is liable for the invoice. Prejudgment interest at 2.5% for one year ($86.78) is awarded and filing costs of $99.70 are recoverable, resulting in total judgment of $3,657.61.

Court Disposition

Judgment for Claimant; Defendant liable for invoice, interest and costs.

Orders

  • Judgment in favour of Claimant in the amount of $3,557.91 (principal $3,471.13 plus prejudgment interest $86.78 at 2.5% for one year).
  • Costs awarded: filing fee reimbursed $99.70.