Water Shed v. Fraser

Water Shed v. Fraser

Defendant must pay for reasonable work he requested and the quoted new pump price; charges for additional line extension caused by Claimant's decisions are disallowed; Claimant must arrange warranty replacement (with technicians other than the owner) because the pump is defective; counterclaim for lost wages is dismissed for lack of proof.

Citation
2013 NSSM 39
Parties
Claimant: THE WATER SHED; Defendant: ROBERT FRASER
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 June 2013
Procedural Posture
Small Claims Court / Decision (reasons for Decision)
Outcome
Judgment for Claimant in the amount of $2,525.16; counterclaim dismissed; Claimant ordered to arrange warranty replacement of the defective pump by employees not including Mr. Burke.
Legal Topics
Unpaid Bills, Defective Goods, Repair Vs Replacement, Warranty Enforcement, Counterclaim for Damages, Scope of Work Charges
Source Language
English
Contract Law Consumer Law Warranties Small Claims Unpaid Bills Defective Goods Repair Vs Replacement Warranty Enforcement +2 more

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Parties

THE WATER SHED

Claimant

ROBERT FRASER

Defendant

Procedural Posture

Small Claims Court / Decision (reasons for Decision)

Legal Issues

  1. 1 Is the defendant liable to pay the invoices for repair and supply of a new pump?
  2. 2 Was the pump defective and subject to warranty replacement by the supplier?
  3. 3 Are charges for lowering/extending the pump recoverable?

Ratio Decidendi

Defendant must pay for reasonable work he requested and the quoted new pump price; charges for additional line extension caused by Claimant's decisions are disallowed; Claimant must arrange warranty replacement (with technicians other than the owner) because the pump is defective; counterclaim for lost wages is dismissed for lack of proof.

Court Disposition

Judgment for Claimant in the amount of $2,525.16; counterclaim dismissed; Claimant ordered to arrange warranty replacement of the defective pump by employees not including Mr. Burke.

Orders

  • Defendant to pay $463.45 for work done on January 10, 2013 (including HST).
  • Defendant to pay $1,840.00 for supply of the new pump (including HST).