Dynamic Windows & Doors Inc. v. Gardner

Dynamic Windows & Doors Inc. v. Gardner

The Court allowed the appeal, set aside the $1,500 counterclaim award because there was no basis in the evidence for an obligation on Dynamic to advise of additional fitting work or for the quantum awarded, and confirmed Dynamic's claim for $4,711.20; Dynamic was awarded costs of the trial and the appeal on the...

Source-derived case information.

Citation
2002 BCCA 28
Parties
Plaintiff/appellant: Dynamic Windows & Doors Inc.; Defendant/respondent: Erika Gardner; Defendant/respondent: Greg Thomas
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
14 January 2002
Procedural Posture
Civil Contract Dispute (payment and Counterclaim) / Appeal to Court of Appeal From Rule 18 a Trial Judgment
Outcome
Appeal allowed; counterclaim award set aside; plaintiff's claim of $4,711.20 upheld; appellant awarded costs of trial and appeal on the usual scales.
Legal Topics
Implied Contractual Term, Duty to Advise, Counterclaim, Quantum of Damages, Appellate Review, Costs
Source Language
english
Contract Civil Procedure Appeals Damages Implied Contractual Term Duty to Advise Counterclaim Quantum of Damages +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dynamic Windows & Doors Inc.

Plaintiff/appellant

Erika Gardner

Defendant/respondent

Greg Thomas

Defendant/respondent

Procedural Posture

Civil Contract Dispute (payment and Counterclaim) / Appeal to Court of Appeal From Rule 18 a Trial Judgment

Legal Issues

  1. 1 Whether the supplier had an obligation to advise purchasers that additional fitting work and cost would be required
  2. 2 Whether there was an implied term in the contract obliging the supplier to notify the purchasers of installation issues
  3. 3 Whether the award of $1,500 on the counterclaim was supported by the evidence

Ratio Decidendi

The Court allowed the appeal, set aside the $1,500 counterclaim award because there was no basis in the evidence for an obligation on Dynamic to advise of additional fitting work or for the quantum awarded, and confirmed Dynamic's claim for $4,711.20; Dynamic was awarded costs of the trial and the appeal on the usual scales.

Court Disposition

Appeal allowed; counterclaim award set aside; plaintiff's claim of $4,711.20 upheld; appellant awarded costs of trial and appeal on the usual scales.

Orders

  • Set aside the $1,500 award on the defendants' counterclaim.
  • Confirm judgment in favour of Dynamic Windows & Doors Inc. in the amount of $4,711.20.