Kent v. Johnson

Kent v. Johnson

The defendant's persistent failures (lateness, poor coordination with the pharmacist) constituted a breach that justified the claimant's cancellation; the defendant failed to prove or quantify any recoverable damages from the alleged opening/programming of the device, and both defendants are liable because the individual received the payment by putting his name on the cheque; therefore the claimant is entitled to a full refund and costs.

Citation
2012 NSSM 47
Parties
Claimant: Ruth Elizabeth Kent; Defendant: Michael Johnston; Defendant: Scotia Atlantic Hospital Supply
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
3 August 2012
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for the claimant in the amount of $595.70
Legal Topics
Cancellation of Contract, Refund, Restocking Fee, Breach of Contract, Vulnerable Consumer
Source Language
English
Contract Law Consumer Law Sale of Goods Cancellation of Contract Refund Restocking Fee Breach of Contract Vulnerable Consumer

Case Brief

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Parties

Ruth Elizabeth Kent

Claimant

Michael Johnston

Defendant

Scotia Atlantic Hospital Supply

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Was the claimant entitled to cancel the contract?
  2. 2 Did the defendant establish damages justifying deduction from refund?
  3. 3 Are both the individual and corporate defendants liable?

Ratio Decidendi

The defendant's persistent failures (lateness, poor coordination with the pharmacist) constituted a breach that justified the claimant's cancellation; the defendant failed to prove or quantify any recoverable damages from the alleged opening/programming of the device, and both defendants are liable because the individual received the payment by putting his name on the cheque; therefore the claimant is entitled to a full refund and costs.

Court Disposition

Judgment for the claimant in the amount of $595.70

Orders

  • Defendants to pay claimant $360.00 as balance of refund
  • Defendants to pay claimant $91.47 for filing claim costs