Mitchell v. BPM Construction Ltd.

Mitchell v. BPM Construction Ltd.

The defendant, as the builder/contractor, breached the statutory implied condition of durability and fitness under the Consumer Protection Act; the claimants are entitled to the cost of replacing the defective flooring less amounts already paid and an agreed deduction, resulting in an award of $5,843.91 plus costs of $174.13.

Citation
2008 NSSM 88
Parties
Claimant: Darrell Mitchell; Claimant: Teresa Laybolt; Defendant: BPM Construction Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
24 October 2008
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part
Legal Topics
Implied Warranties, Fitness for Purpose, Durability, Breach of Contract, Remedies, Damages, Repair Vs Replacement, Caveat Emptor
Source Language
English
Consumer Protection Contract Construction Property Implied Warranties Fitness for Purpose Durability Breach of Contract +4 more

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Parties

Darrell Mitchell

Claimant

Teresa Laybolt

Claimant

BPM Construction Ltd.

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the defendant breached implied statutory conditions of durability and fitness under the Consumer Protection Act
  2. 2 Whether the claimant is entitled to full replacement of the hardwood flooring or only partial repairs
  3. 3 Whether implied warranties apply to a builder/contractor in the sale of a new home

Ratio Decidendi

The defendant, as the builder/contractor, breached the statutory implied condition of durability and fitness under the Consumer Protection Act; the claimants are entitled to the cost of replacing the defective flooring less amounts already paid and an agreed deduction, resulting in an award of $5,843.91 plus costs of $174.13.

Court Disposition

Claim allowed in part

Orders

  • Defendant to pay the Claimants $5,843.91
  • Defendant to pay the Claimants costs in the amount of $174.13