R & P Stair Finishing v. Think Kitchens

R & P Stair Finishing v. Think Kitchens

TK failed to prove that R & P assumed responsibility for preparation/sanding or inspection of the doors; R & P had made known its expectation that wood arrive pre-sanded to 120 grit and did not undertake sanding; on the balance of probabilities liability remains with TK, so TK's claims are dismissed and R & P is entitled to its claimed debt and costs.

Citation
2014 NSSM 28
Parties
Claimant; Defendant by Counterclaim: R & P Stair Finishing; Defendant; Claimant by Counterclaim: Think Kitchens
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 April 2014
Procedural Posture
Small Claims Court Civil (contract/consumer) / Decision (reasons for Decision)
Outcome
Claim by R & P allowed in amount $3,686.90; counterclaim by Think Kitchens (claim no. 419755) dismissed; claim no. 420347 dismissed.
Legal Topics
Workmanlike Performance, Implied Warranty of Services, Liability for Defects, Inspection Duties, Manufacturing Defect (mill Glazing)
Source Language
English
Contract Law Consumer Protection Workmanlike Performance Implied Warranty of Services Liability for Defects Inspection Duties Manufacturing Defect (mill Glazing)

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Parties

R & P Stair Finishing

Claimant; Defendant by Counterclaim

Think Kitchens

Defendant; Claimant by Counterclaim

Procedural Posture

Small Claims Court Civil (contract/consumer) / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether R & P Stair Finishing was contractually or statutorily liable for paint failure due to inadequate sanding or mill glazing
  2. 2 Whether R & P had the obligation to inspect and prepare (sand) the doors prior to finishing
  3. 3 Whether TK proved on a balance of probabilities that responsibility shifted to R & P

Ratio Decidendi

TK failed to prove that R & P assumed responsibility for preparation/sanding or inspection of the doors; R & P had made known its expectation that wood arrive pre-sanded to 120 grit and did not undertake sanding; on the balance of probabilities liability remains with TK, so TK's claims are dismissed and R & P is entitled to its claimed debt and costs.

Court Disposition

Claim by R & P allowed in amount $3,686.90; counterclaim by Think Kitchens (claim no. 419755) dismissed; claim no. 420347 dismissed.

Orders

  • Judgment for R & P Stair Finishing in the amount of $3,686.90
  • Costs awarded to R & P in the amount of $96.80