Critchley v. Ultimate Bathroom Renovations

Critchley v. Ultimate Bathroom Renovations

Multiple unsuccessful repair attempts by the defendant established a fundamental breach such that the claimant received no value; therefore the appropriate remedy is restitution (refund of the purchase price) together with statutory interest and modest compensatory amounts for paint touch-up and costs.

Source-derived case information.

Citation
2017 NSSM 8
Parties
Claimant: Rachel Ada Critchley; Defendant: Ultimate Bathroom Renovations; Defendant: Ultimate Bath Systems; Defendant: Gerald Kelly
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 February 2017
Procedural Posture
Small Claims Court / Decision (judgment)
Outcome
Judgment for the claimant for refund and related amounts
Legal Topics
Breach of Contract, Remedies — Restitution/refund, Damages and Interest, Mitigation of Damages, Workmanship Defect
Source Language
english
Contract Law Construction Law Consumer Law Breach of Contract Remedies — Restitution/refund Damages and Interest Mitigation of Damages Workmanship Defect

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Summary, issues, holding and outcome

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Parties

Rachel Ada Critchley

Claimant

Ultimate Bathroom Renovations

Defendant

Ultimate Bath Systems

Defendant

Gerald Kelly

Defendant

Procedural Posture

Small Claims Court / Decision (judgment)

Legal Issues

  1. 1 Whether the defective/ leaking shower installation amounted to a fundamental breach of contract
  2. 2 Whether the claimant was entitled to restitution (refund) rather than continued repair
  3. 3 Whether the claimant failed to mitigate damages

Ratio Decidendi

Multiple unsuccessful repair attempts by the defendant established a fundamental breach such that the claimant received no value; therefore the appropriate remedy is restitution (refund of the purchase price) together with statutory interest and modest compensatory amounts for paint touch-up and costs.

Court Disposition

Judgment for the claimant for refund and related amounts

Orders

  • Refund of moneys paid: $6,129.50 CAD
  • Interest at 4% from October 1, 2015 to February 9, 2017: $333.85 CAD