Carlson v. Harbax Hardware Limited

Carlson v. Harbax Hardware Limited

Claim dismissed because the claimants failed to inspect and notify the seller within a reasonable time (approximately two years), thereby being deemed to have accepted the goods under the Sale of Goods Act, and the evidence was insufficient to establish on the balance of probabilities that the retailer delivered the wrong size siding; the delay prejudiced the defendant given manufacturer discontinuance.

Citation
2017 NSSM 88
Parties
Claimant: Ronald Carlson; Claimant: Laurie Plante; Defendant: Harbax Hardware Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 August 2017
Procedural Posture
Small Claims Court / Final Decision (dismissal)
Outcome
Claim dismissed.
Legal Topics
Merchantable Quality, Opportunity to Examine, Deemed Acceptance, Burden of Proof, Contract Breach, Remedies Refund
Source Language
English
Contract Sale of Goods Merchantable Quality Opportunity to Examine Deemed Acceptance Burden of Proof Contract Breach Remedies Refund

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Parties

Ronald Carlson

Claimant

Laurie Plante

Claimant

Harbax Hardware Limited

Defendant

Procedural Posture

Small Claims Court / Final Decision (dismissal)

Legal Issues

  1. 1 Whether the goods delivered matched the contractual description (4.5-inch v. 5-inch siding)
  2. 2 Whether the purchasers inspected and gave timely notice under the Sale of Goods Act (ss.36-37)
  3. 3 Whether the defendant breached the contract and is liable for replacement or refund

Ratio Decidendi

Claim dismissed because the claimants failed to inspect and notify the seller within a reasonable time (approximately two years), thereby being deemed to have accepted the goods under the Sale of Goods Act, and the evidence was insufficient to establish on the balance of probabilities that the retailer delivered the wrong size siding; the delay prejudiced the defendant given manufacturer discontinuance.

Court Disposition

Claim dismissed.

Orders

  • Claim dismissed.