Canada Case Law

Heard v. Frasers Pro Home Centre

Court

Nova Scotia Small Claims Court

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.

Source excerpt

• Breach of contract
• Acceptance of goods
• Particular purpose reliance
• Shop drawing approval
• Damages
• Costs

Read case analysis

Weihai Taiwei Haiyang Aquatic Food Co. Ltd. v. Atlantic Sea Cucumber Ltd.

Court

Supreme Court of Nova Scotia

The Mandarin term 'dangan' in the contractual matrix meant 'lightly salted' meeting China Customs quality standards; shipment SC‑004 complied with that term and China Customs inspection; ASC retained the goods and, by conduct and lapse of reasonable time without rejection, is deemed to have accepted them under s.37 Sale of Goods Act; accordingly ASC breached by failing to pay and is liable for the contract price of $986,256.75 US.

Source excerpt

• Contract interpretation
• Acceptance of goods
• Breach of contract
• Damages
• Credibility of witnesses
• Unjust enrichment

Read case analysis

Apex Packaging v. Winterland Beverages Ltd.

Court

Supreme Court of British Columbia

Summary judgment was refused in a packaging debt claim because the defendant raised a triable issue about alleged defects and set-off under the Sale of Goods Act.

• Summary judgment
• Merchantable quality
• Acceptance of goods
• Set-off
• Foreign money conversion
• Style of cause amendment

Read case analysis

Advantage Cochrane Sport Inc. (Advantage Sport) v. Preview Builders International Inc.

Court

Supreme Court of British Columbia

On summary trial, the court held the defendant accepted non-FSC flooring materials and was liable for the contract balance, less the agreed labour credit, plus interest.

• Breach of contract
• Acceptance of goods
• Credit/setoff
• Contractual interest
• Summary trial procedure
• Breach-of-contract

Read case analysis

Old Growth Timber Inc. v. RCS Construction Inc.

Court

Nova Scotia Small Claims Court

The seller did not breach implied conditions under the Sale of Goods Act because the goods corresponded with the description, the buyer had opportunity to examine and accept the goods (and did not test for moisture), and the mould more likely resulted from the moist worksite environment and buyer's failure to handle/finish the kiln-dried spalted wood; therefore the seller is entitled to the unpaid purchase price, costs and limited prejudgment interest, and the defendant's counterclaim is dismissed.

Source excerpt

• Implied terms
• Merchantable quality
• Fitness for particular purpose
• Acceptance of goods
• Allocation of risk
• Prejudgment interest

Read case analysis

TFS RT Inc. v. Shoppers Drug Mart Inc.

Court

Court of Appeal for Ontario

The 'Acceptance of Goods' document was ambiguous and, properly read, was only an acknowledgement that Shoppers would, upon request from its supplier, direct payments to TFS without set off; it did not constitute a clear promise to pay the face amount of the invoices and therefore did not establish an estoppel in favour of TFS, so the appeal must be dismissed.

Source excerpt

• Estoppel
• Acknowledgement/estoppel certificate
• Contract interpretation
• Acceptance of goods
• Costs

Read case analysis

Mahal Enterprises Inc. v. Kim

Court

Supreme Court of British Columbia

The court dismissed a breach of contract claim over restaurant equipment and installation, finding the plaintiff accepted the goods, failed to prove deficiencies, and could not claim lost-rent damages.

• Breach of contract
• Damages
• Mitigation
• Implied terms
• Acceptance of goods
• Foreseeability

Read case analysis

Valoroso Foods (1996) Ltd. v. Ma-Nina Limited

Court

Supreme Court of British Columbia

The court granted summary judgment for the seller after finding the buyer accepted the prosciutto by its words and conduct, with only a partial stay for documented credit memos.

• Acceptance of goods
• Rejection of goods
• Summary judgment
• Counterclaim/set-off
• Stay of execution
• Statutory interpretation

Read case analysis

BC Rail Partnership v. Standard Car Truck Company

Court

Supreme Court of Nova Scotia

Interpreting the Lease as a whole, the lessor’s express warranties in Clause 5 survive the Commencement Date and cannot be treated as discharged merely by loading; the exclusion clause in Clause 5 is subject to the express warranties and cannot be read to bar BC Rail’s claims regarding the unstated truck/stabilization specifications; the insurance provisions in Clause 7 are ambiguous and require extrinsic evidence (including expert evidence and disputed negotiation history) to determine scope and subrogation rights, so summary judgment is inappropriate on the insurance/subrogation issue and t…

Source excerpt

• Lease interpretation
• Indemnity
• Waiver and release
• Subrogation
• Acceptance of goods
• Parol/extrinsic evidence

Read case analysis

Lee v. Shao Hsiung Enterprises Ltd.

Court

Supreme Court of British Columbia

Construction and supply contract dispute over hotel furnishings. The court accepted the plaintiff’s contract price, but allowed deductions for management fees, defective bedspreads, sofa beds, and shortages.

• Contract price variation
• Secret commission
• Acceptance of goods
• Defective goods
• Sale by sample
• Implied condition of fitness

Read case analysis