Supreme Court

Decision Information

Decision Content

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.

 

 

 

 

 

 

 

 

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