Nova Doors and Windows Limited v. Weddleton

Nova Doors and Windows Limited v. Weddleton

Seller (Nova) breached implied statutory conditions under the Consumer Protection Act by supplying and installing windows not fit for purpose (manufactured without sill caulking); defendant did not adequately mitigate all claimed losses but is entitled to a limited abatement for delay; damages are confined to amounts proved: balance of invoice less abatement plus prejudgment interest and costs; counterclaim dismissed.

Citation
2018 NSSM 38
Parties
Claimant; Defendant by Counterclaim: Nova Doors and Windows Limited; Defendant; Claimant by Counterclaim: Gordon Weddleton
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
3 September 2018
Procedural Posture
Small Claims Court Consumer Sale / Breach of Contract / Decision (judgment)
Outcome
Claim allowed in part; counterclaim dismissed; judgment for Claimant Nova Doors and Windows Limited against Defendant Gordon Weddleton for total $17,742.08.
Legal Topics
Breach of Contract, Mitigation, Abatement, Prejudgment Interest, Warranties, Consumer Sale
Source Language
English
Contract Law Consumer Protection Sale of Goods Construction Law Breach of Contract Mitigation Abatement Prejudgment Interest +2 more

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Parties

Nova Doors and Windows Limited

Claimant; Defendant by Counterclaim

Gordon Weddleton

Defendant; Claimant by Counterclaim

Procedural Posture

Small Claims Court Consumer Sale / Breach of Contract / Decision (judgment)

Legal Issues

  1. 1 Whether goods/services provided were of sufficient quality to constitute breach of contract justifying abatement or damages
  2. 2 Whether the defendant mitigated his losses
  3. 3 Quantum of abatement or damages to be awarded

Ratio Decidendi

Seller (Nova) breached implied statutory conditions under the Consumer Protection Act by supplying and installing windows not fit for purpose (manufactured without sill caulking); defendant did not adequately mitigate all claimed losses but is entitled to a limited abatement for delay; damages are confined to amounts proved: balance of invoice less abatement plus prejudgment interest and costs; counterclaim dismissed.

Court Disposition

Claim allowed in part; counterclaim dismissed; judgment for Claimant Nova Doors and Windows Limited against Defendant Gordon Weddleton for total $17,742.08.

Orders

  • Judgment for Claimant in the total amount of $17,742.08
  • Principal balance due before abatement: $18,815.15; abatement applied: $2,000.00