Plaintiff
Defendant
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.
Court
Supreme Court of British ColumbiaCase Number
S2011794Practice Area
Corporate & commercial lawAmount
$ 216,632Winner
PlaintiffTrial Start Date