Coghlin Enterprises Ltd. v. MacKay

Coghlin Enterprises Ltd. v. MacKay

The claimant was entitled to recover for authorized repair work but the defendant (MacKay) established a breach of implied conditions under the Consumer Protection Act for later defective performance leading to loss of use; counterclaim damages were awarded and a set-off applied, resulting in final judgment against MacKay for $2,320.05; Glen Benjamin was not personally liable.

Citation
2007 NSSM 44
Parties
Claimant; Defendant by Counterclaim: Coghlin Enterprises Ltd.; Defendant; Claimant by Counterclaim: Margot MacKay; Defendant: Glen Benjamin
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 July 2007
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for claimant Coghlin Enterprises Ltd. against Margot MacKay in the net amount of $2,320.05 after set-off; each party to bear their own costs; Glen Benjamin not liable.
Legal Topics
Implied Warranty, Merchantable Quality, Breach of Contract, Damages, Set Off, Authorization of Repairs, Counterclaim
Source Language
English
Consumer Protection Contract Civil Procedure Implied Warranty Merchantable Quality Breach of Contract Damages Set Off +2 more

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Parties

Coghlin Enterprises Ltd.

Claimant; Defendant by Counterclaim

Margot MacKay

Defendant; Claimant by Counterclaim

Glen Benjamin

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the claimant is entitled to payment for repairs performed in 2005-2006
  2. 2 Whether the defendant (MacKay) is entitled to recover counterclaim damages for engine repairs and marina fees
  3. 3 Whether implied conditions/warranties under the Consumer Protection Act were breached by the claimant

Ratio Decidendi

The claimant was entitled to recover for authorized repair work but the defendant (MacKay) established a breach of implied conditions under the Consumer Protection Act for later defective performance leading to loss of use; counterclaim damages were awarded and a set-off applied, resulting in final judgment against MacKay for $2,320.05; Glen Benjamin was not personally liable.

Court Disposition

Judgment for claimant Coghlin Enterprises Ltd. against Margot MacKay in the net amount of $2,320.05 after set-off; each party to bear their own costs; Glen Benjamin not liable.

Orders

  • Claimant shall recover $6,042.50 from the Defendant (MacKay).
  • Defendant (MacKay) shall recover $3,722.45 from the Claimant on the Counterclaim (breakdown: engine repairs $1,765.25; labour $450.00; Dartmouth Yacht Club fee $1,302.00; electrical charge $205.20).