The Water Shed v. Giovannetti

The Water Shed v. Giovannetti

The written proposal made the retainer part of the contract and Civtech produced evidence that it performed work that legitimately consumed the retainer; the personal claim against Giovannetti was dismissed for lack of personal dealings; however, where Civtech had to redo work due to its errors a global reduction ($500) to its claimed fees was appropriate, resulting in counterclaim recovery of $1,272.44 plus costs of $64.10.

Citation
2014 NSSM 37
Parties
Claimant: THE WATER SHED; Defendant: TOM GIOVANNETTI; Defendant: CIVTECH ENGINEERING & SURVEYING LTD.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
1 July 2014
Procedural Posture
Small Claims Contract/account / Decision (trial)
Outcome
Claim dismissed; counterclaim allowed in part; personal claim against Tom Giovannetti dismissed; costs awarded to defendant.
Legal Topics
Retainer, Fee Assessment, Counterclaim, Corporate Separateness, Professional Negligence, Costs
Source Language
English
Contract Law Professional Services / Engineering Civil Procedure Corporate Law Retainer Fee Assessment Counterclaim Corporate Separateness +2 more

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Parties

THE WATER SHED

Claimant

TOM GIOVANNETTI

Defendant

CIVTECH ENGINEERING & SURVEYING LTD.

Defendant

Procedural Posture

Small Claims Contract/account / Decision (trial)

Legal Issues

  1. 1 Whether the $2,000 retainer (plus HST) must be returned to the claimant
  2. 2 Whether Civtech performed work sufficient to exhaust the retainer and support its counterclaim
  3. 3 Whether a personal claim against the company principal (Giovannetti) is sustainable

Ratio Decidendi

The written proposal made the retainer part of the contract and Civtech produced evidence that it performed work that legitimately consumed the retainer; the personal claim against Giovannetti was dismissed for lack of personal dealings; however, where Civtech had to redo work due to its errors a global reduction ($500) to its claimed fees was appropriate, resulting in counterclaim recovery of $1,272.44 plus costs of $64.10.

Court Disposition

Claim dismissed; counterclaim allowed in part; personal claim against Tom Giovannetti dismissed; costs awarded to defendant.

Orders

  • Claim by The Water Shed dismissed against Civtech Engineering & Surveying Ltd.
  • Personal claim against Tom Giovannetti dismissed.