Bennett v. E.E.O.R.E. Construction Ltd.

Bennett v. E.E.O.R.E. Construction Ltd.

The defendant breached implied contractual warranties under the Consumer Protection Act by supplying and installing equipment that was unfit and improperly installed; claimant proved consequential repair and replacement costs and is entitled to damages to put her in the position of the original bargain, prejudgment interest on incurred costs, and costs.

Citation
2015 NSSM 37
Parties
Claimant: Deborah Bennett; Defendant: E.E.O.R.E. Construction Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 June 2015
Procedural Posture
Small Claims Court / Decision After Hearing
Outcome
Judgment for Claimant in part: damages awarded $16,894.03, prejudgment interest $275.00, costs $446.55, total $17,615.58
Legal Topics
Implied Warranty, Breach of Contract, Damages, Prejudgment Interest, Installation Defects, Warranty Issues, Service Obligations, Noise Nuisance
Source Language
English
Contract Law Consumer Protection Construction Law Remedies Implied Warranty Breach of Contract Damages Prejudgment Interest +4 more

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Parties

Deborah Bennett

Claimant

E.E.O.R.E. Construction Limited

Defendant

Procedural Posture

Small Claims Court / Decision After Hearing

Legal Issues

  1. 1 Whether the defendant breached implied warranties under the Consumer Protection Act
  2. 2 Whether the heating system and installations were unfit or defectively installed
  3. 3 Quantification of damages to put claimant in position of benefit of the bargain without betterment

Ratio Decidendi

The defendant breached implied contractual warranties under the Consumer Protection Act by supplying and installing equipment that was unfit and improperly installed; claimant proved consequential repair and replacement costs and is entitled to damages to put her in the position of the original bargain, prejudgment interest on incurred costs, and costs.

Court Disposition

Judgment for Claimant in part: damages awarded $16,894.03, prejudgment interest $275.00, costs $446.55, total $17,615.58

Orders

  • Defendant E.E.O.R.E. Construction Limited to pay Claimant Deborah Bennett CAD 16,894.03 for damages
  • Defendant to pay prejudgment interest of CAD 275.00 (4% on CAD 3,904.03 from September 2013)