Behiel v. Primco Limited, 2011 SKQB 65 (CanLII)

Behiel v. Primco Limited, 2011 SKQB 65 (CanLII)

October 28, 2023

Behiel v. Primco Limited, 2011 SKQB 65 (CanLII)

When the Behiels bought flooring from Primco they informed the salesman, Lee, that they had young children and needed a product that would resist scratching, be durable, and be pleasing to the eye. He recommended the product ultimately purchased, stating it would meet or exceed those requirements. In fact, the floor was seriously scratched when furniture was moved on it. The Behiels complained and, when the supplier and manufacturer would do nothing, brought this action. Assuming there was a restrictive covenant included prohibiting recovery for this type of damage, what would be the likelihood of success of this action? Note that this action was brought in Saskatchewan where there is a Sale of Goods Act and a Consumer Protection Act in place.

Answer and ExplanationSolution by a verified expert

In the case of Behiel v. Primco Limited, the Behiels purchased flooring from Primco based on the recommendation of the salesman, Lee, who assured them that the flooring would meet their requirements, including being resistant to scratching and durable. However, the floor turned out to be seriously scratched when furniture was moved on it, leading to a complaint and legal action.

The likelihood of success of this action would depend on various factors, including the presence of a restrictive covenant and the relevant legislation in Saskatchewan, which includes the Sale of Goods Act and the Consumer Protection Act.

Here are some key considerations:

1. Restrictive Covenant:

  • If there is a restrictive covenant included in the sale contract that explicitly excludes liability for certain types of damage or imposes limitations on the seller's liability, it will be a crucial element to consider.

2. Sale of Goods Act (Saskatchewan):

  • The Saskatchewan Sale of Goods Act sets out various implied terms and conditions for sales of goods. These implied terms relate to the quality, fitness for purpose, and description of the goods.
  • If the flooring did not meet the implied terms in the Sale of Goods Act, the Behiels may have a valid legal claim against Primco.

3. Consumer Protection Act (Saskatchewan):

  • The Consumer Protection Act in Saskatchewan provides consumer protections and rights, including provisions related to deceptive practices, warranties, and the sale of goods.
  • The Act may offer additional remedies and protections for consumers in situations where they have been misled or where the goods purchased do not meet their reasonable expectations.

4. Misrepresentation:

  • If the salesman, Lee, made false or misleading statements about the flooring's qualities, and these statements induced the Behiels to make the purchase, it could be considered misrepresentation.

5. Damages:

  • The extent of the damage to the flooring and any related losses or costs incurred by the Behiels will also be a factor in determining the outcome.

6. Jurisdiction and Case Law:

  • Legal outcomes can vary depending on jurisdiction and relevant case law, so it's essential to consider how Saskatchewan courts have ruled in similar cases.

Likelihood of Success:

  • The likelihood of success in this action would depend on the specific terms of the sale contract, the behavior and representations of the parties involved, and how well the Behiels can demonstrate that the flooring did not meet the stated or implied qualities and requirements.
  • The presence of consumer protection laws and regulations in Saskatchewan can also influence the outcome of the case.

It's important to consult with legal counsel who can assess the specifics of the case, including the terms of the contract, the conduct of the parties, and the relevant legislation, to provide a more accurate evaluation of the likelihood of success in the Behiels' action.

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