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The Court of Appeal dismissed the appeal over a motorcycle sale, holding ownership had not passed to the buyer and the dealer lawfully cancelled after refusal of delivery.
Because the sale was a private transaction outside the Consumer Protection Act, the principle of caveat emptor applied; the claimant failed to produce adequate evidence that the defendant knowingly misrepresented the camper's condition, the defendant's testimony was credible, and the claimant failed to obtain a prior inspection or written warranty; therefore the claim for refund based on fraudulent misrepresentation fails and must be dismissed.
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The court found the excavator was misdescribed as low-hours and not sold on an effective “as is” basis, awarding repair damages, incurred repair costs, punitive damages, and interest.
Adjudicator found the claim is not grounded in maritime law but in duties owed to the goods' owner once the loader was landed in Halifax; Nova Scotia has a real and substantial connection to the facts under the Court Jurisdiction and Proceedings Transfer Act and the Small Claims Court may hear the matter; claimant must present evidence at a scheduled pre-hearing/trial to establish liability.
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Because the claimants inspected the bedframe prior to purchase, there was no evidence of misrepresentation, the goods were delivered in good faith, and the principle of caveat emptor applies, the defendant was not liable and the claim is dismissed.
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Claimant failed to prove on the balance of probabilities that he received a deficient quantity of beef or was overcharged; the Defendant's detailed, contemporaneously supported evidence was more reliable, so the claim is dismissed, and the Defendant's counterclaim is dismissed for lack of statutory authority for time costs and lack of receipt for registered mail costs.
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The claim is dismissed because the sale was an express 'as-is' private sale to which statutory implied warranties did not apply, there was no evidence of knowingly or negligently false representations by the seller or its president sufficient to create personal liability, and therefore no legal duty to compensate the Claimants arose.
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Summary trial in a flooring supply dispute: the court held Friesen owed CanTrust on Miramar, while CanTrust owed Friesen on One Water and garnishment interest, leaving a net judgment for CanTrust.
The court dismissed a buyer’s claim over a rebuilt BMW lost to an engine fire, finding property passed on delivery and no proof of a Sale of Goods Act breach.
Claim dismissed because claimants reviewed and expressly approved the amended shop drawings before fabrication, accepted and incorporated the trusses into the building, failed to establish reliance on the seller's skill for a particular purpose or a breach of contract by Frasers, and had no contractual relationship with J.A.G.; accordingly neither defendant is liable and no costs are awarded.
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