Maynard v. Cragg

Maynard v. Cragg

Because the defendant's contemporaneous records were more reliable and there was no clear agreement to include HST in the quoted price, the court awards 145.5 hours at $25/hour plus HST, less advances and equipment cost, yielding a judgment for the claimant of $2,022.37 and no prejudgment interest.

Citation
2011 NSSM 13
Parties
Claimant: David Maynard; Defendant: Ted Cragg
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 March 2011
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimant in the amount of $2,022.37
Legal Topics
Hourly Rate, Hst/gst, Implied Terms, Time Records and Credibility, Pre Judgment Interest, Costs
Source Language
English
Contract Law Tax Law Construction Law Civil Procedure Evidence Hourly Rate Hst/gst Implied Terms +3 more

Case Brief

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Parties

David Maynard

Claimant

Ted Cragg

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether breaks should be implied to be paid under the verbal contract
  2. 2 Whether the $25 rate was inclusive or exclusive of HST
  3. 3 Which party's time records are more credible and the correct number of hours

Ratio Decidendi

Because the defendant's contemporaneous records were more reliable and there was no clear agreement to include HST in the quoted price, the court awards 145.5 hours at $25/hour plus HST, less advances and equipment cost, yielding a judgment for the claimant of $2,022.37 and no prejudgment interest.

Court Disposition

Judgment for Claimant in the amount of $2,022.37

Orders

  • Defendant to pay Claimant $2,022.37 (judgment includes awarded costs)
  • No prejudgment interest awarded