On the day 31st of March, 2015, claim of Shaikh v. Muddy Bay Customs, 2014 NSSM 76 No 432781 was handled in the Small Claims Court of Nova Scotia. In this particular case, Mr. Naeem Shaikh who was the claimant and Mr. Andrew Snair who was the defendant of customs, reached a verdict proclaimed by Mr. Eric K. Slone, the adjudicator of the hearing held at Dartmouth, Nova Scotia. The claimant was self represented as well as the defendant. The claimant was accusing the defendant of a stalled project of installing a new engine in the vehicle, due to the incapacity of the claimant to install the electrical wiring in the car.
The claimant was supposed to have outsourced the work to another mechanics who took the car to a garage in a distance, which implied costs of $2,520. The claimant decided not to pay this amount until the job was completed, reaching an impasse of both parties. The Defendant confirmed awareness on his legal responsibility that is related to s.45 (2) of the Builder’s Act, while the claimant proceeded with the sues for several items of relief. These included damages and the order of delivery of a functional vehicle, while the defendant has presented counterclaims for storage charges.
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The court was however limited by the terms of the Small Claims Court Act as adjudicators are not dotted by the authority to order servicemen to perform a desired action. While the Small Claims Court act permits ordering parties to pay or to deliver objects to other parties, it however impossible to order to provide service. The adjudicator used his authority and identified the job of fitting the cart with a new Camaro engine as a difficult and an ambitious one. The defendant seems to have invested a lot of time into the repair project, however caused an unreasonable delay.
The most sensitive way to challenge the stalemate according to the adjudicator was to provide the Defendant enough time to finish the work, after which the final bill is to reach $3,000. The work must be done in a period of 45 days. Furthermore, the adjudicator considered unfair for any party to recover any further financial amounts claimed nor legal costs. After this judgment, parties agreed and left the court with a firm agreement.
