Digest: Schemenauer v Little Black Bear First Nation, 2018 SKQB 203

• Date: July 18, 2018

Reported as: 2018 SKQB 203

Docket Number: QB17594 , QBG 781/17 JCR

Court: Court of Queen's Bench

Date: 2018-07-18

Judges:

• Elson

Subjects:

• Civil Procedure � Queen�s Bench Rules, Rule 7-2, Rule 7-5

Digest: The plaintiff, carrying on business as a chartered accountancy, applied for an order for summary judgment in its claim for $76,600 against the defendant, the Little Black Bear First Nation, for the unpaid balance from certain invoices and finance charges issued to the defendant for accounting services rendered between 2011 and 2014. The defendant admitted that the plaintiff provided some services and was paid for them. It asserted that the services were deficient in certain respects but made no counterclaim or set-off. The plaintiff was initially engaged by the defendant in 2010 by the then Chief of the defendant to assist it while it was under third party management. Although the plaintiff drafted an agreement outlining the tasks it was to perform, it was never signed. During the next two years, the plaintiff continued to provide services and it brought its unpaid invoices to a new Chief who authorized certain payments towards the indebtedness. The Chief deposed that although the defendant�s funds were tight, it was expected that the plaintiff would eventually be paid in full. After another band election in 2013, the new Chief deposed in his affidavit that the defendant had some problems with the plaintiff�s services. The plaintiff commenced this action and it pled the agreement and the total outstanding on 10 invoices. It did not identify the precise amount of the service invoices that had gone unpaid. There was a discrepancy in the amount owing given in the pleadings and the amount provided in the plaintiff�s affidavit.
HELD: The application for summary judgment against the defendant for the unpaid balance of the service invoices was granted. The court was satisfied that there was no genuine issue requiring a trial regarding the defendant�s liability for the plaintiff�s service invoices based upon the affidavit evidence. However, the amount of the unpaid balance under the plaintiff�s invoices required determination. The evidence regarding the amount was not clearly presented and prevented the court from determining the amount owing. The plaintiff�s claim for interest on the unpaid balance was based upon a term in the agreement that it would be calculated at one-and-one-half percent per month. As the...