Reid v. Strang

Reid v. Strang

On the balance of probabilities the Defendant failed to provide services of merchantable quality and reasonable durability under s.26 of the Consumer Protection Act; the defects are more likely attributable to the painting work than to assembly, the Ian McDonald quote is a reliable estimate for remedy, and therefore the claimant is entitled to the cost to redo the work and statutory court costs.

Citation
2022 NSSM 8
Parties
Claimant: CHARLES ALLAN REID; Defendant: ROBERT STRANG
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
24 January 2022
Procedural Posture
Small Claims Court / Decision (adjudication)
Outcome
Claim allowed
Legal Topics
Implied Warranties, Merchantable Quality, Service Defects, Remedies and Damages, Evidence Admissibility
Source Language
English
Consumer Protection Contract Law Trade Services Civil Procedure Implied Warranties Merchantable Quality Service Defects Remedies and Damages +1 more

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Parties

CHARLES ALLAN REID

Claimant

ROBERT STRANG

Defendant

Procedural Posture

Small Claims Court / Decision (adjudication)

Legal Issues

  1. 1 Whether the painting services met the implied conditions and warranties under the Consumer Protection Act
  2. 2 Whether the defects were caused by the painting work or by improper reassembly/over‑tightening
  3. 3 Whether the claimant is entitled to the cost to redo the work and related costs

Ratio Decidendi

On the balance of probabilities the Defendant failed to provide services of merchantable quality and reasonable durability under s.26 of the Consumer Protection Act; the defects are more likely attributable to the painting work than to assembly, the Ian McDonald quote is a reliable estimate for remedy, and therefore the claimant is entitled to the cost to redo the work and statutory court costs.

Court Disposition

Claim allowed

Orders

  • Defendant to pay Claimant $6,498.45 for redoing the paint work
  • Defendant to pay Claimant filing fee of $99.70