Hutton v. Charoochat, 2020 NSSM 3

SMALL CLAIMS COURT OF NOVA SCOTIA Citation: Hutton v. Charoochat , 2020 NSSM 3 Date: 2020-01-06 Docket: SCCH 493798 Registry: Halifax Between: Charles Joseph Hutton Claimant - and - Jirapa Charoochat Defendant Decision and Order Adjudicator : Eric K.

Slone Heard : in Halifax, Nova Scotia on January 2, 2020 Appearances : For the Claimant, self-represented For the Defendant, self-represented BY THE COURT: [ 1 ] The Claimant seeks to recover the extremely modest amount of $545.00, inclusive of costs, for expenses that he claims to have spent on repairing and cleaning a vehicle that he agreed to help the Defendant sell in September 2019. [ 2 ] The Claimant is in the business of buying and selling cars. The evidence is clear that the Claimant agreed to help the Defendant sell this 2004 BMW convertible, which he had actually sold to her some time earlier.

There is also no doubt that the arrangements were a bit loose, as the parties were on friendly terms at the time, but there was to be a commission in the range of between $300 and $500 if a sale resulted.

[ 3 ] The Claimant testified that he came to pick up the car at the Defendant’s home, and that it would barely move because of a faulty transmission . Also, he found it to be in a poor state of cleanliness. He says that he spent money repairing the transmission and having the car professionally cleaned, because he believed that no one would want to buy it in that condition, even on an “as is” basis.

He also says he did other minor repairs for which he does not seek reimbursement. [ 4 ] While it could be questioned whether the Claimant had express authority to spend this money, I believe that he made these modest expenses on a good faith basis, for the intended benefit of the Defendant. She appeared to acknowledge satisfaction in a text message between them, when the Claimant informed her what he had done. [ 5 ] Although the Claimant did not end up selling the vehicle for the Defendant, she did eventually sell it for $7,500.00. The Claimant does not claim any commission.

He just wants to recover his expenses. [ 6 ] I believe the Claimant when he says that he spent the money, and I find that the Defendant would be unjustly enriched were she not to reimburse him. I do not accept her defence that the expenditures were unnecessary and unauthorized. [ 7 ] The claim is made up of $350.00 for the repairs and cleaning, $95.00 to have the claim served and $99.70 to issue it. ORDER [ 8 ] I accordingly order the Defendant to pay to the Claimant the following sums: Debt $350.00 Costs $194.70 Total $544.70 Eric K. Slone, Adjudicator