Context: Valley Water Supply Inc. (Valley Water) was subcontracted by Caledon Carriers Inc. (Caledon) for trucking services in 2014. Dispute over unpaid invoices led to legal action.
Principal Figures: Dwight Ward (Valley Water) and Michael Schild (Caledon).
Dispute: After reconciling payments, Caledon allegedly owed Valley Water $33,900. Caledon counterclaimed this amount, asserting it was offset by a separate agreement.
Key Issue: Existence of the alleged "resolution agreement" where Caledon claimed entitlement to set off the debt.
Evidence and Claims:
Disagreement over an arrangement involving excavated soil (referred to as "peat") transported to Ward's farm.
Initial understanding to split profits from soil sale, but specifics were not detailed.
Caledon alleged a later agreement (October 2016) for payment to them, which Valley Water disputed.
Court Findings:
Inconsistencies in both parties' accounts; lack of detailed communication or documentation.
Court found the documentary evidence from 2016 more reliable, showing no clear agreement as claimed by Caledon.
Decision: Court favored Valley Water, dismissing Caledon’s counterclaim and ordering Caledon to pay $33,900 plus interest to Valley Water.
