Kateco Transport v. Cummins Eastern Canada L.P.

Kateco Transport v. Cummins Eastern Canada L.P.

The defendant breached its promise by accepting payment and failing to secure the extended warranty; claimant is entitled to full return of the warranty payment ($3,525.76), $600 for travel, 50% of the cost of the premature air-to-air cooler replacement ($862.30) with no recovery for the oil-leak repairs, prejudgment interest of $93.12 on the warranty amount for the period Feb 2, 2007 to Oct 1, 2007, and the filing fee of $170.88, for a total judgment of $5,252.06; an uncashed refund cheque dated Oct 1, 2007 may be credited against the judgment if deposited by the claimant.

Citation
2008 NSSM 6
Parties
Claimant: Cathy Haylock c.o.b. as Kateco Transport; Defendant: Cummins Eastern Canada L.P.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 January 2008
Procedural Posture
Small Claims Court (nova Scotia) / Decision (post Hearing)
Outcome
Judgment for claimant in the amount of $5,252.06
Legal Topics
Extended Warranty, Breach of Contract, Refund, Damages, Betterment, Prejudgment Interest
Source Language
English
Contract Consumer Protection Commercial Law Remedies Extended Warranty Breach of Contract Refund Damages +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Cathy Haylock c.o.b. as Kateco Transport

Claimant

Cummins Eastern Canada L.P.

Defendant

Procedural Posture

Small Claims Court (nova Scotia) / Decision (post Hearing)

Legal Issues

  1. 1 Whether defendant breached its promise to provide an extended warranty after taking payment
  2. 2 Whether claimant is entitled to refund of warranty cost
  3. 3 Whether claimant is entitled to damages for travel and for repairs performed to obtain warranty and how betterment affects recovery

Ratio Decidendi

The defendant breached its promise by accepting payment and failing to secure the extended warranty; claimant is entitled to full return of the warranty payment ($3,525.76), $600 for travel, 50% of the cost of the premature air-to-air cooler replacement ($862.30) with no recovery for the oil-leak repairs, prejudgment interest of $93.12 on the warranty amount for the period Feb 2, 2007 to Oct 1, 2007, and the filing fee of $170.88, for a total judgment of $5,252.06; an uncashed refund cheque dated Oct 1, 2007 may be credited against the judgment if deposited by the claimant.

Court Disposition

Judgment for claimant in the amount of $5,252.06

Orders

  • Return of cost of warranty: $3,525.76
  • Damages — travel expenses: $600.00