Consumer Not Entitled to Refund for Breach of Contract Regarding Stone Countertops
📌 In brief
The claimant asked for a refund and compensation after claiming the respondent breached a contract for stone countertops. The tribunal dismissed the claim, ruling that the contract did not meet the required written elements under the BPCPA and it would be unjust to grant a refund.
⚖️ Legal holding
A consumer is not entitled to a refund under the BPCPA if the contract lacks the required written elements, unless it would be unjust not to grant the refund.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Expert evidence is required to prove that work was not performed to a reasonably competent standard.
- The tribunal found it would be unjust to order a refund when the contractor has already put in significant effort.
- The lack of a specific written agreement about the size of the stone pieces means the consumer did not prove the breach.
❌ Tends to be rejected
- The consumer claimed the countertops were unsafe and structurally unsound without providing expert evidence.
- The consumer requested a refund under the BPCPA despite lacking a written contract with the required elements.
- The consumer sought additional compensation for alleged breach but provided no evidence of actual loss.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about a claimant's request for a refund and compensation after alleging that the respondent breached a contract for stone countertops.
Which laws or rules were applied?
The Business Practices and Consumer Protection Act, sections 17, 19, 23, and 173.1 were applied.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might not be entitled to a refund if the contract lacks the required written elements under the BPCPA and it would be unjust to grant a refund.
What evidence or documents mattered?
The evidence and documents that mattered included the lack of a written contract with the required elements and the claimant's failure to provide expert evidence regarding the safety and structural soundness of the countertops.