Buildrite Centres Inc. v. Baydar

Buildrite Centres Inc. v. Baydar

Buildrite (Piercey's) as seller was liable under implied warranties for latent defects in the two Norwood exterior doors; Defendant entitled to damages equal to the reasonable cost of replacing the doors and associated labour ($9,432.95); replacement attic window offered by Claimant was a reasonable remedy and no further compensation ordered for that item; counterclaim set off against Claimant's invoices yields net judgment for Claimant of $308.63; no costs awarded to either party.

Citation
2010 NSSM 12
Parties
Claimant: Buildrite Centres Incorporated; Defendant: Said Baydar
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
19 February 2010
Procedural Posture
Small Claims Court Sale of Goods/consumer Protection / Adjudication/decision (reasons for Decision)
Outcome
Counterclaim allowed in the amount of $9,432.95; net judgment for Claimant in the amount of $308.63; no costs awarded to either party.
Legal Topics
Implied Warranty, Fitness for Purpose, Merchantability, Damages, Set Off/counterclaim, Mitigation
Source Language
English
Sale of Goods Consumer Protection Contract Law Implied Warranty Fitness for Purpose Merchantability Damages Set Off/counterclaim +1 more

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Parties

Buildrite Centres Incorporated

Claimant

Said Baydar

Defendant

Procedural Posture

Small Claims Court Sale of Goods/consumer Protection / Adjudication/decision (reasons for Decision)

Legal Issues

  1. 1 Whether seller liable for defective doors and window supplied but not manufactured by seller
  2. 2 Whether defects caused by installation or latent defects in products
  3. 3 Appropriate remedy: replacement vs damages and measure of damages

Ratio Decidendi

Buildrite (Piercey's) as seller was liable under implied warranties for latent defects in the two Norwood exterior doors; Defendant entitled to damages equal to the reasonable cost of replacing the doors and associated labour ($9,432.95); replacement attic window offered by Claimant was a reasonable remedy and no further compensation ordered for that item; counterclaim set off against Claimant's invoices yields net judgment for Claimant of $308.63; no costs awarded to either party.

Court Disposition

Counterclaim allowed in the amount of $9,432.95; net judgment for Claimant in the amount of $308.63; no costs awarded to either party.

Orders

  • Counterclaim awarded to Defendant in the amount of 9432.95 CAD
  • Judgment for Claimant against Defendant in the net amount of 308.63 CAD after set-off