Roy v. Ryan

Roy v. Ryan

The defendant breached the implied warranty under the Consumer Protection Act by failing to perform the sewing services in a skilful and workmanlike manner; claimant is entitled to refund of the service price ($300), general damages ($100) and proven costs ($191.26); bridesmaids' dresses are separate contracts and not recoverable by the claimant.

Citation
2017 NSSM 14
Parties
Claimant: Ginger Kim Roy; Defendant: Ruth Ryan d.b.a. "In Stitches with Ruth"
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 January 2017
Procedural Posture
Small Claims Court Consumer Sale of Services / Decision Rendered
Outcome
Claim allowed in part; judgment for the claimant.
Legal Topics
Implied Warranty of Services, Breach of Contract, Damages, Costs, Privity of Contract
Source Language
English
Consumer Protection Contract Law Civil Procedure Implied Warranty of Services Breach of Contract Damages Costs Privity of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Ginger Kim Roy

Claimant

Ruth Ryan d.b.a. "In Stitches with Ruth"

Defendant

Procedural Posture

Small Claims Court Consumer Sale of Services / Decision Rendered

Legal Issues

  1. 1 Whether the defendant breached an implied warranty to perform sewing services in a skilful and workmanlike manner under the Consumer Protection Act
  2. 2 Whether the claimant is entitled to special and general damages and costs
  3. 3 Whether the bridesmaids' dresses form part of the claimant's contract with the defendant

Ratio Decidendi

The defendant breached the implied warranty under the Consumer Protection Act by failing to perform the sewing services in a skilful and workmanlike manner; claimant is entitled to refund of the service price ($300), general damages ($100) and proven costs ($191.26); bridesmaids' dresses are separate contracts and not recoverable by the claimant.

Court Disposition

Claim allowed in part; judgment for the claimant.

Orders

  • Refund of service price $300.00 to claimant
  • General damages awarded $100.00 to claimant