Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: Total E-com Home Delivery Inc. v. Smith, 2008 NSSC 37

 

Date: 20080205

Docket: SH No. 267692

Registry: Halifax

 

Between:

                                           Total E-com Home Delivery Inc.

                                                                                                                                                 Plaintiff

 

v.

 

Jeffrey K. Smith, carrying on business as

Smart Moving & Delivery

 

Defendant

 

 

LIBRARY HEADING

 

 

Judge:             The Honourable Justice Gerald R P Moir

 

Heard:                        24 and 25 October 2007 at Halifax

 

Last Written

Submissions:              29 October 2007

 

Subject:                       Goods withheld illegally to collect an inflated claim; Breach of contract; Commission of torts; Calculation of damages; Punitive damages

 

Summary:                   The plaintiff contracted with Future Shop to arrange home delivery of retail product in the Halifax area.  The plaintiff subcontracted with the defendant carrier.  There were numerous complaints, and plaintiff terminated the subcontract.  The defendant appropriated nearly $50,000 in Future Shop product.  Plaintiff paid the retail value to Future Shop.  Also, the appropriation caused havoc for the plaintiff.

 

Issue:                          Breach of contract?  Conversion?  Economic torts?  Calculation of compensatory damages.  Punitive damages?

 

 

 

 


Result:                        The defendant was liable in both contract and tort.  The measure of damages led to the same result in both.  Amounts legitimately owed to defendant were deducted.  Amount realized by illegal sale was not included in the calculation.  An amount was allowed because of losses caused by disruption of the plaintiff’s business.  Punitive damages were awarded.

 

 

 

 

 

 

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