Verge v. Sparks

Verge v. Sparks

The adjudicator found no reliable evidence of a written authorized quote and that the Defendants would not have agreed to the magnitude of the claimed bill; however the Claimant incurred some costs and is entitled to a reasonable allowance (parts $250.00 and nominal labour $75.00 = $325.00). The filing fee $91.47 is allowed; the personal service fee $175.00 is disallowed; interest is denied; the counterclaim for the water pump is not proved; judgment is limited to Lorne C. Sparks in the total amount of $416.47.

Citation
2012 NSSM 6
Parties
Claimant: Scott Verge; Defendant: Ulyana V. Sparks; Defendant: Lorne C. Sparks
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 February 2012
Procedural Posture
Small Claims Court / Decision
Outcome
Claimant awarded partial judgment; judgment entered against Lorne C. Sparks for $416.47; remainder of claim and counterclaim dismissed; Ms. Sparks not liable; no defamation remedy granted by this court.
Legal Topics
Unpaid Services, Quantum Meruit, Authority to Contract, Counterclaim for Property Damage, Defamation Jurisdiction, Costs and Interest
Source Language
English
Contract Tort Civil Procedure Unpaid Services Quantum Meruit Authority to Contract Counterclaim for Property Damage Defamation Jurisdiction +1 more

Case Brief

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Parties

Scott Verge

Claimant

Ulyana V. Sparks

Defendant

Lorne C. Sparks

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the Defendants are liable to pay the Claimant for electrical work performed
  2. 2 Whether the Claimant caused damage to the Defendants' water pump and is liable for its replacement
  3. 3 Whether the posting of a sign constituted actionable defamation and whether the court has jurisdiction

Ratio Decidendi

The adjudicator found no reliable evidence of a written authorized quote and that the Defendants would not have agreed to the magnitude of the claimed bill; however the Claimant incurred some costs and is entitled to a reasonable allowance (parts $250.00 and nominal labour $75.00 = $325.00). The filing fee $91.47 is allowed; the personal service fee $175.00 is disallowed; interest is denied; the counterclaim for the water pump is not proved; judgment is limited to Lorne C. Sparks in the total amount of $416.47.

Court Disposition

Claimant awarded partial judgment; judgment entered against Lorne C. Sparks for $416.47; remainder of claim and counterclaim dismissed; Ms. Sparks not liable; no defamation remedy granted by this court.

Orders

  • Judgment against Lorne C. Sparks in the amount of $416.47
  • Award to Claimant for work and materials in the amount of $325.00