IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Lyndhurst Farms Ltd v. Rand, 2005NSSC188
Date: 20050707
Docket: S.K. No. 181311
Registry: Kentville
Between:
Lyndhurst Farms Limited, a body corporate
Plaintiff
v.
Richard Rand, carrying on business as Fox Hill Farm
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Gregory M. Warner
Heard: April 22 and May 20, 2005 in Kentville, Nova Scotia
Final Written
Submissions: June 14, 2005
Subject: Contract Law - Burden of Proof - interest
Issue: (1) Burden of proof on plaintiff respecting land rental and services to farmer
(2) Legal foundation for charging interest
(3) Credibility
Summary: The plaintiff leased several fields to a dairy farmer and claimed to have provided services for which it was not paid. In the third year it repossessed the fields. The dairy farmer denied leasing some of the fields or receiving any services from the plaintiff, claimed credit for manure spread on the plaintiff's land, and counter-claimed for damages for the destruction of his crop when the land owner repossessed the fields.
Result: (1) The claim for rental of fields decided on basis of burden of proof and credibility.
(2) In the absence of business records to back up invoices, dated several months after the services were rendered, the plaintiff failed to discharge the burden of proof.
(3) Interest claim was disallowed, in absence of prior notice, or express or implied agreement to pay.
(4) Defendant's counter-claim was disallowed in the absence of an agreement to rent fields in future years.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.