Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Geophysical Services Inc.  v. Sable Mary Seismic Inc. , 2009 NSSC 404

 

Date: 20091231

Docket: Hfx No. 190408

Registry: Kentville

 

 

Between:

Geophysical Services Incorporated

Plaintiff

v.

 

Sable Mary Seismic Incorporated and

Matthew Kimball

Defendant

 

 

 

LIBRARY HEADING

 

 

 

Revised library sheet:       The October 8 date in the summary has been changed from October 8, 200 to October 8, 2002. This revised library sheet replaces the previously distributed library sheet.

 

 

Judge:                         The Honourable Justice Gregory M. Warner

 

 

Heard:                                    March 2, 3, 4, 5, 9, 10, 11, 12, 13, 16, 17, 18, 19, 2009

Kentville, Nova Scotia

 

 

Subject:                                   Contract Law

 

 

Summary:                                GSI signed a contract with SMS and Matthew Kimball to provide crew for its seismic operations starting in January 1998.  SMS and Matthew Kimball terminated the contract on October 8, 2002.

 

 

Issue:                                      (1) Has SMS over billed GSI under the contract?  If so, had SMS and/or Matthew Kimball done so fraudulently?


(2) Does GSI owe SMS for success sharing under the contract?

 

 

Result:                                    The Court decided that the contract allowed for billing by SMS to GSI at actual cost of the crew plus 5%.  Judgment is granted to GSI against SMS for the amount of over billing as shown on the KPMG forensic report in the amount of $1,764,251.70.  GSI is entitled to judgment against SMS and Matthew Kimball jointly and severally for the amount of the fraudulent misrepresentation in the amount of $451,885.41.

 

The contract signed by GSI and SMS, either written or verbally as part of the extrinsic evidence, did not constitute a legally binding contract.

 

 

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QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.

 

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