Plaintiff
Defendant
Facts: The case revolves around a dispute between 600835 B.C. Ltd., a septic service provider (the "Septic Company"), and Mr. Lavigne concerning the installation of a septic system on Lavigne's property. Lavigne connected his septic system to the Septic Company’s system without signing the Sewer Services Agreement or paying the required fees, prompting the Septic Company to seek damages and enforce a builders' lien.
Issue: The primary legal issue was whether Mr. Lavigne breached the Sewer Services Agreement by connecting his septic system to the Septic Company's system without authorization and whether the Septic Company was entitled to damages and enforcement of the builders' lien.
Court's Ruling: The court found that Mr. Lavigne could not have breached the agreement before he signed it, and any alleged breaches occurred before the agreement's execution. The court also noted the Septic Company failed to act reasonably in its dealings with Lavigne. However, the court acknowledged the Septic Company's right to inspect and verify the septic system's compliance.
Costs/Damages Awarded: The court ordered Mr. Lavigne to pay the Septic Company damages of $4,620, representing the reasonable costs for necessary excavation and inspection work. The builders' lien was upheld to this amount, and the certificate of pending litigation (CPL) was to be extinguished upon payment of the damages.
Court
Supreme Court of British ColumbiaCase Number
S22408Practice Area
Civil litigationAmount
$ 4,620Winner
PlaintiffTrial Start Date
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