IN T HE SMALL CLAIMS COURT OF NOVA SCOTIA Ci tation : Dixon v . McNicol , 2019 NSSM 45 Claim : SCY No . 478896 Registry : Yarmouth Between : GARY ROLAND DIXON CLAIMANT -and- IAN JOHN MCNICOL DEFENDANT Adjudicator : Andrew S . Nickerson , Q . C . Heard : July 12 , 2019 and August 26 , 2019 Decision : September 10 , 2019 Appearances : Mary Jane McGinty for the Claimant , Rubin Dexter for the Defendant DECISION Facts [ 1 ] I heard evidence on behalf of the Claimant from Ernest Boudreau who is a Chartered Professional Accountant and who was the only witness for the claimant .

On behalf of the Defendant I heard evidence from Shelley Nickerson and the Defendant , Mr . McNicol . [ 2 ] I found all of the witnesses to be forthright and truthful , yet understandably speaking from their knowledge and perspective . I do not find it necessary to make any findings of credibility in the sense that I must resolve contradictory evidence . r. correct . These parties negotiated a settlement of their affairs relating to Tusket Motor Sports , and various entities on both sides related to one party or the other were involved in that process . I know of no authority , and Ms .

McGinty did not submit any , that states that it is not possible for third party to be the beneficiary of the contract . [ 30 ] I decline to address the estoppel argument put forward by Mr . Dexter because it is not necessary to do so given what I have already decided . [ 31 ] I wish to thank counsel for their helpful assistance in the conduct of the case . [ 32 ] In the result , I am prepared to grant judgement to the Claimant in the amount of $ 21 , 100 together the with costs of the filing fee in the amount of $ 199 . 35 . I do not find an invoice for service in the file . I will allow Mr .

Dexter seven days from the filing of this decision , to either advise that he does not have costs for service , or to produce an invoice from the process server , before I issue the formal order . Dated at Yarmouth , Nova Scotia , this 10th day of September , 2019 . Andrew S . Nickerson Q . C ., Adjudicator