Acadia Pipe Organs Ltd. v. Varnus

Acadia Pipe Organs Ltd. v. Varnus

The email exchange constituted a written contract for disassembly, transport, assembly and tuning of the organ for $28,000 with a start date in October; the contract contained no obligation to clean or regulate the organ or perform additional specified works absent express agreement; when a contract is silent on HST it is additional to the price, therefore the contract price was $28,000 + HST (15%) and the Defendant owed the outstanding balance of $15,200 plus costs totaling $743.80 (total judgment $15,943.80).

Citation
2022 NSSM 5
Parties
Claimant: Acadia Pipe Organs Ltd.; Defendant: Xaver Varnus
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 January 2022
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for the Claimant for outstanding principal $15,200 plus costs; total judgment $15,943.80 in favour of Acadia Pipe Organs Ltd.
Legal Topics
Contract Formation, Contract Interpretation, Parol Evidence Rule, Breach of Contract, Damages, Hst/gst Recovery
Source Language
English
Contract Tax (hst/gst) Civil Procedure Contract Formation Contract Interpretation Parol Evidence Rule Breach of Contract Damages +1 more

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Parties

Acadia Pipe Organs Ltd.

Claimant

Xaver Varnus

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether a binding contract was formed and on what terms
  2. 2 Whether cleaning, regulation or other specified works were included in the contract
  3. 3 Whether Harmonized Sales Tax (HST) was included in the contract price or payable in addition

Ratio Decidendi

The email exchange constituted a written contract for disassembly, transport, assembly and tuning of the organ for $28,000 with a start date in October; the contract contained no obligation to clean or regulate the organ or perform additional specified works absent express agreement; when a contract is silent on HST it is additional to the price, therefore the contract price was $28,000 + HST (15%) and the Defendant owed the outstanding balance of $15,200 plus costs totaling $743.80 (total judgment $15,943.80).

Court Disposition

Judgment for the Claimant for outstanding principal $15,200 plus costs; total judgment $15,943.80 in favour of Acadia Pipe Organs Ltd.

Orders

  • Judgment awarded to Claimant in the amount of $15,200 (outstanding balance)
  • Costs awarded to Claimant totaling $743.80 (Court Fee $199.35; Service Claim $230; Service subpoenas $314.45)