Supreme Court

Decision Information

Best Cleaners and Contractors Ltd. v Baffin Enterprises Ltd.

Court Supreme Court
Date 1984-05-24
File numbers SC 5959
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
Miller v. Minister of Pensions, (1974) 2 All E.R. 372
Tanner v. Atlantic Bridge Co. Ltd. (1966) 56 D.L.R. (2d) 1962
Corbett Construction Ltd. v. Simplot Chemical Company Ltd. 91971) 2 W.W.R. 332 (Man Q.B.)
Laminated Structures & Holdings Ltd. v. Eastern Woodworkers Ltd. et. al. (1962) 32 D.L.R. (2d) 1
The Preload Company of Canada Limited v. The City of regina et al. 91959) S.C.R. 801
Madsen v. Anderson 91937) 3 W.W.R. 41 (Alta. S.C.)
CCH Canadian Ltd. v. Mollenhauer Contracting Co. Ltd. et al. (1975) 51 D.L.R. (3d) 638
Smith Sheet Metal Works Ltd. v. Bingham & Hobbs Equipment Co. Ltd. (9149) 4 D.L.R. 363 (S.C.C.)
Venus Electric Ltd. v. Brevel Products Ltd. (1978) 85 D.L.R. (3d) 282 (Ont. C.A.)

Statutes considered:
Sale of Goods Ordinance, c. S-2, R.O.N.W.T. 1974, s. 22(1), s. 2(1)(d), s. 16
Judicature Ordinance, R.O.N.W.T. 1974, c. J-1, as amended by c. 9 (3d) 1981
Decision information:

Abstract: Action for damages for sale of defective concrete - Court considering credibility of witnesses - Court considering evidence of witnesses - Court finding that employee of Plaintiff negligently causing damage complained of - Court also finding that Plaintiff's case would fail on breach of implied warranty of fitness - Court making finding based on rule that reliance of buyer of skill of seller be such as to constitute a substantial and effective inducement.
Decision: Plaintiff's claim dismissed - Counterclaim granted - Judgment in the sum of $4,550.00, the price of materials supplied - Plaintiff by counterclaim entitled to interest and costs.
Subjects: Damages - Breach of contract

Decision Content

There is no document available for this decision.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.