Collett v. Reliance Home Comfort Limited Partnership (Reliance HomeComfort)

Collett v. Reliance Home Comfort Limited Partnership (Reliance HomeComfort)

The Court held that s.9(2) of the Consumer Protection Act applied to the rental of the hot water heater and that the respondent’s Small Claims Court judgment should be upheld; the appeal was dismissed and the costs award was affirmed.

Source-derived case information.

Citation
2012 ONCA 822
Parties
Plaintiff (respondent): Geoffrey Collett; Plaintiff (respondent): Sandra Collett; Defendant (appellant): Reliance Home Comfort Limited Partnership
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 November 2012
Procedural Posture
Civil Appeal / Decision on Appeal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Consumer Protection Act S.9(2), Rental Agreements, Subrogation, Liability for Property Damage, Statutory Interpretation
Source Language
english
Consumer Law Tort Property Damage Consumer Protection Act S.9(2) Rental Agreements Subrogation Liability for Property Damage Statutory Interpretation

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Parties

Geoffrey Collett

Plaintiff (respondent)

Sandra Collett

Plaintiff (respondent)

Reliance Home Comfort Limited Partnership

Defendant (appellant)

Procedural Posture

Civil Appeal / Decision on Appeal to Court of Appeal

Legal Issues

  1. 1 Whether s.9(2) of the Consumer Protection Act, 2002 applies to the rental of a hot water heater
  2. 2 Whether Reliance is liable for property damage caused by a leaking rented hot water heater despite replacing the unit
  3. 3 Whether the Divisional Court and Small Claims Court decisions should be upheld

Ratio Decidendi

The Court held that s.9(2) of the Consumer Protection Act applied to the rental of the hot water heater and that the respondent’s Small Claims Court judgment should be upheld; the appeal was dismissed and the costs award was affirmed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Small Claims Court judgment awarding $3,994.15 to the respondents upheld