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
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