Barnard (T.K.) Funeral Home Ltd. v. Gray,

• Jurisdiction: Nova Scotia
• Judge: O'Hara
• Neutral Citation: 2004 NSSM 8
• Citation: 2004 NSSM 8,247 N.S.R.(2d) 211 (SmCl)
• Date: 19 August 2004
• Court: Small Claims Court of Nova Scotia (Canada)

Barnard Funeral Home Ltd. v. Gray, 247 N.S.R.(2d) 211 (SmCl);

    785 A.P.R. 211

MLB headnote and full text

Temp. Cite: [2006] N.S.R.(2d) TBEd. OC.010

T.K. Barnard Funeral Home Limited (claimant) v. Rita Gray (defendant)

(Claim No. SCCH 224992; 2004 NSSM 8)

Indexed As: Barnard (T.K.) Funeral Home Ltd. v. Gray

Nova Scotia Small Claims Court

O'Hara, Adjudicator

October 2004.

Summary:

A funeral home claimed for an outstanding funeral services bill issued to Gray, the executor of the deceased's estate. Gray argued that the estate was liable for the bill.

An Adjudicator of the Nova Scotia Small Claims Court found in favour of the funeral home.

Contracts - Topic 1143

Formation of contract - Signing - Effect of - A funeral home claimed for an outstanding funeral services bill - Gray, the executor of the deceased's estate, made the funeral arrangements and signed the contract, filling in the term "executrix" on an identification line - Gray argued that the estate was liable for the bill and that she would only be personally liable in a case of devastavit - An Adjudicator of the Nova Scotia Small Claims Court found in favour of the funeral home - This was a signed contract between the service provider and an individual - Devastavit would only apply where the contract was between the estate representative as a representative and the service provider - Gray's use of the term "executrix" was not to be taken as an indication that she was contracting on behalf of the estate instead of in her personal capacity - The basic contractual rule that the signatory to a contract was deemed to have read and agreed to all of its terms applied.

Executors and Administrators - Topic 5203

Actions by and against representatives - Actions against executors - Personal liability - Misconduct - Devastavit - [See Contracts - Topic 1143 ].

Executors and Administrators - Topic 5204

Actions by and against representatives - Actions against executors - Personal liability - General - [See Contracts - Topic 1143 ].

Authors and Works Noticed:

Widdifield on Executors and Trustees (6th Ed. 2002) (2003 Looseleaf Update), generally [para. 8]; p. 1-7 [para. 15].

Counsel:

Claimant, self-represented;

Michael Cooke, C.D., Q.C., for the defendant.

This matter was heard on August 19, 2004, by O'Hara, Adjudicator, of the Nova Scotia Small Claims Court, who delivered the following decision in October 2004.