Burchell v. Foremost Flooring

Burchell v. Foremost Flooring

The court found the contractual dealings were with the corporate defendant, the claimants did not agree to relinquish their right to full redress, and the alleged verbal settlement did not bar recovery; therefore the corporate defendant is liable to pay the reasonable costs of rectification and incidental damages.

Citation
2008 NSSM 35
Parties
Claimant: CHARLES BURCHELL; Claimant: LEANNE BURCHELL; Defendant: FOREMOST FLOORING; Defendant: ROB McISAAC
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 June 2008
Procedural Posture
Small Claims Court — Contract/consumer (faulty Workmanship) / Decision (after Hearing)
Outcome
Judgment for the Claimants against Foremost Flooring Limited in the amount of $1,634.72; no personal liability imposed on Rob McIsaac.
Legal Topics
Breach of Contract, Faulty Workmanship, Rectification Costs, General Damages, Personal Liability of Corporate Principal
Source Language
English
Contract Law Consumer Protection Remedies Civil Damages Breach of Contract Faulty Workmanship Rectification Costs General Damages +1 more

Case Brief

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Parties

CHARLES BURCHELL

Claimant

LEANNE BURCHELL

Claimant

FOREMOST FLOORING

Defendant

ROB McISAAC

Defendant

Procedural Posture

Small Claims Court — Contract/consumer (faulty Workmanship) / Decision (after Hearing)

Legal Issues

  1. 1 Whether the corporate or individual defendant was contractually liable for the defective flooring
  2. 2 Whether a subsequent verbal arrangement constituted a binding settlement releasing the defendant from liability
  3. 3 Whether claimants are entitled to recover costs of rectification and incidental damages

Ratio Decidendi

The court found the contractual dealings were with the corporate defendant, the claimants did not agree to relinquish their right to full redress, and the alleged verbal settlement did not bar recovery; therefore the corporate defendant is liable to pay the reasonable costs of rectification and incidental damages.

Court Disposition

Judgment for the Claimants against Foremost Flooring Limited in the amount of $1,634.72; no personal liability imposed on Rob McIsaac.

Orders

  • Awarded special damages (rectification costs) $1,402.00
  • Awarded general damages for inconvenience $100.00