CanTrust Manufacturing International Inc. v Friesen Floor & Window Fashions Ltd.
CanTrust Manufacturing International Inc.
Law Firm / Organization
Not Specified
Lawyer(s)

F. Qiao

Friesen Floor & Window Fashions Ltd.
Law Firm / Organization
Kuhn LLP
Lawyer(s)

Jonathan Maryniuk

Bosa Properties (White Rock) Inc.
Law Firm / Organization
Unrepresented

Background:
CanTrust Manufacturing International Inc. ("CanTrust") supplied wood flooring to Friesen Floor & Window Fashions Ltd. ("Friesen") for two residential projects: Miramar (White Rock) and One Water (Kelowna). Disputes arose over alleged defective products, unpaid invoices, and contract enforcement.

Legal Issues:

  • Whether Friesen owed outstanding payments to CanTrust for the Miramar project.

  • Whether Friesen was entitled to offsets for defective flooring and additional costs.

  • Whether CanTrust was justified in withholding the fourth One Water shipment under a Sales of Goods Agreement (SOGA).

  • Whether CanTrust could claim damages for lost sales and a cancellation fee.

  • Whether price increases after May 2020 were enforceable.

Court’s Findings:

  • Friesen owed $266,392.33 to CanTrust for the Miramar project, after deducting credits for defective flooring and warranty bonds.

  • CanTrust was overpaid $44,606.95 for the One Water project and owed Friesen an additional $4,102 for a warranty bond.

  • CanTrust was not entitled to damages for withholding the One Water shipment.

  • Friesen was credited $1,051.61 for an improperly filed garnishing order.

Final Award:
After offsets, Friesen was ordered to pay $216,631.77 to CanTrust. Each party bore its own legal costs due to mixed success.

Supreme Court of British Columbia
S2011794
Corporate & commercial law
$ 216,632
Plaintiff