IN THE SMALL CLAIMS COURT OF NOVA SCOTIA Citation : Pommerville v . MacLean , 2019 NSSM 42 2 019 Claim No . SCT475043 BETWEEN : MAURICE ( MOE ) POMMERVILLE Claimant -and- CURTIS MacLEAN Defendant Hearing Date : May 13 , 2019 Appearances : Claimant-Jeff Lattie , Barrister & Solicitor Defendant - Ian Dunbar , Barrister & Solicitor DECISION and ORDER [ 1 ] This is a claim for the return of two motor vehicles . At the hearing before me on May 13 th , the sole issue was whether or not the claim was properly before the Small Claims Court . Specifically , the Defendant asserts that the value of the two vehicles is , in the aggregate , greater than $ 25 , 000 and therefore , by virtue of

Section 9 (

c) of the Small Claims Court Act , R . S . N . S . 1989 , c . 430 , this Court has no jurisdiction . Background [ 2 ] The Claimant is seeking the return of his two motor vehicles -a 1967 Chevelle and a 1967 Camaro . Both of these vehicles are owned by the Claimant but are presently in the possession of the Defendant . Under a written agreement dated May 11 , 2014 , the Defendant agreed to provide to the Claimant , a complete restoration of the 1967 Camaro in exchange for ownership of the 1967 Chevelle . The agreement has a

section headed " Scope and Manner of Services " which includes many specific items of work which were to be completed on the Camaro . Significantly , for the purposes of this matter , is the following paragraph in the written contract : If for any reason such as physical impairment , bankroptcy , or death , Curtis Maclean and/or Curtis Customs cannot fulfill the contract as set out above , both vehicles known as ( 1 ) 1967 Chevelle , Vin 1