Small Claims Court

In the Small Claims Court of Nova Scotia

Citation: Tattrie v. MacLean, 2019 NSSM 79

ORDER

SCT-484259

BETWEEN:

KENDALL TATTRIE

[address removed]

CLAIMANT

AND

CURTIS MACLEAN AND CURTIS CUSTOMS

20 Industrial Way,

East Hants Business Park

Elmsdale, Nova Scotia B2S 2L4

DEFENDANT

On March 11, 2019, a hearing was held in the above matter. The Claimant and Defendant were both self - represented. During that hearing, the Claimant asked for the return of two 1965 Plymouth Barracudas he had delivered to the Defendant, with the hope that one of the cars could be restored. The car in question was not capable of being restored and the Defendant had agreed to return the $16, 0000.00 deposit the Claimant had paid him for the restoration work. During the hearing, the Defendant acknowledged he had only repaid $1000.00 of the $16,000.00 deposit but indicated a willingness to pay the Claimant in full. During the hearing, the Defendant also agreed to return of the vehicles to the Claimant's civic address by April 5^th, 2019.

Upon the foregoing, I make the following Order:

1.           That the CLAIMANT's action against the DEFENDANT is allowed.

2.           That the DEFENDANT deliver both the red and gold 1965 Plymouth Barracudas left on the premises of Curtis Customs to the CLAIMANT'S address at […… ]Thomson Station, Nova Scotia.

3.             That the DEFENDANT pay to the CLAIMANT the sums as follows:

4.           Dated at Truro, in the County of Colchester, in the Province of Nova Scotia, this 28th day of May, 2019.

Shelly A. Martin

Adjudicator