Climatech Mechanical Services Ltd. v. Marlborough Financial Corp. et al., (1996) 180 A.R. 225 (ProvCt)

• Judge: Woods, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: January 18, 1996
• Citations: (1996), 180 A.R. 225 (ProvCt)

Climatech v. Marlborough Fin. (1996), 180 A.R. 225 (ProvCt)

MLB headnote and full text

Climatech Mechanical Services Ltd. (plaintiff) v. Marlborough Financial Corporation Ltd., 411873 Alberta Ltd. and Jerol Fleishman (defendants)

(Docket No. P9490101701)

Climatech Mechanical Services Ltd. (plaintiff) v. 411873 Alberta Ltd. (defendant)

(Docket No. P9490101702)

Indexed As: Climatech Mechanical Services Ltd. v. Marlborough Financial Corp. et al.

Alberta Provincial Court

Woods, P.C.J.

January 18, 1996.

Summary:

The defendants declined to pay the plain­tiff's bills, asserting that they were sent to the wrong corporate defendants. The plaintiff resubmitted the bills and included claims for interest on the overdue accounts. The defen­dants disputed the right to claim interest. The defendants also claimed that the work was improperly completed.

The Alberta Provincial Court allowed the plaintiff's claim in part.

Interest - Topic 2024

Agreement to pay interest - What consti­tutes an agreement to pay interest - Notice on invoices and work orders - The defen­dants declined to pay the plaintiff's bills for services rendered, claiming that they had been sent to the wrong corporate defendants - The plaintiff resubmitted the bills to the proper defendants - On the resubmitted bills, the plaintiff added claims for interest on the overdue accounts - The Alberta Provincial Court held that the plaintiff was not entitled to foist a claim for interest on the defendants - See para­graphs 2 to 8.

Cases Noticed:

Phoenix Press Co. v. Vinto Engineering Ltd. and West Public Relations Ltd. (1982), 34 A.R. 244 (Q.B.), refd to. [para. 7].

Noel & Blanchette Construction Co. v. Medican Construction Ltd. (1984), 53 A.R. 17 (Q.B.), refd to. [para. 7].

Counsel:

[ [None disclosed].

This case was heard before Woods, P.C.J., of the Alberta Provincial Court, who delivered the following decision on January 18, 1996.