Plaintiff, Tingkun (Roger) Lin, claimed $43,083.70 for services under an alleged verbal consulting agreement with the defendant, which included tasks like financial management, human resources, and administrative work.
Defendant, Homestead Bay Contracting Inc. (HBCI) disputed the existence of a consulting agreement, claiming their relationship stemmed from renovation work on the plaintiff’s son’s property, with plaintiff performing only minor clerical tasks.
Disputes
Existence of an Agreement:
Plaintiff asserted a verbal consulting contract.
Defendant denied this, arguing tasks were informal and clerical, valued at approximately $2,800.
Credibility of Evidence:
Plaintiff’s invoices and work summary were questioned for credibility.
Defendant’s rejection of the plaintiff’s proposed consulting contract and profit-sharing terms fueled the dispute.
Court’s Analysis
Relied on principles from Hryniak v. Mauldin and subsequent New Brunswick precedents on summary judgment.
Determined that credibility issues and conflicting accounts created a genuine issue requiring trial.
Rejected the option of a mini-trial, noting inefficiency given the scope of issues.
Decision
The motion for summary judgment was dismissed.
The court awarded costs of $1,500 to the defendant.
