Donald Gallant Enterprises v. Mont

Donald Gallant Enterprises v. Mont

Adjudicator preferred claimant's evidence on the number of trailers and monthly rate, rejected evidence of 2009 arrears as insufficient, rejected defendant's overcharging and loss-of-goods counterclaims for lack of proof of prior condition or causation, allowed eight months rent (Jan–Aug 2010) at $1,500/month with HST (13% for Jan–Jun, 15% for Jul–Aug) and awarded filing costs of $179.35, resulting in judgment for claimant for $13,799.35.

Citation
2011 NSSM 9
Parties
Claimant: Donald Gallant Enterprises; Defendant: William Mont
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 January 2011
Procedural Posture
Small Claims Court / Final Judgment (reasons for Decision)
Outcome
Judgment for Claimant in the amount of $13,799.35; counterclaim dismissed
Legal Topics
Rent Arrears, HST, Counterclaim, Loss of Goods, Storage and Bailment, Costs
Source Language
English
Contract Property Tort Tax Rent Arrears HST Counterclaim Loss of Goods +2 more

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Parties

Donald Gallant Enterprises

Claimant

William Mont

Defendant

Procedural Posture

Small Claims Court / Final Judgment (reasons for Decision)

Legal Issues

  1. 1 Whether defendant owes rent arrears for trailers up to August 2010
  2. 2 Whether HST is payable on the rental amounts and at what rate
  3. 3 Whether defendant was overcharged for number of trailers

Ratio Decidendi

Adjudicator preferred claimant's evidence on the number of trailers and monthly rate, rejected evidence of 2009 arrears as insufficient, rejected defendant's overcharging and loss-of-goods counterclaims for lack of proof of prior condition or causation, allowed eight months rent (Jan–Aug 2010) at $1,500/month with HST (13% for Jan–Jun, 15% for Jul–Aug) and awarded filing costs of $179.35, resulting in judgment for claimant for $13,799.35.

Court Disposition

Judgment for Claimant in the amount of $13,799.35; counterclaim dismissed

Orders

  • Judgment for Claimant for $13,799.35
  • Counterclaim dismissed; no award to Defendant