Banks v. Family Vision Ltd., [2005] Northwest Terr. Cases 7 (TC)

• Judge: Schmaltz, J.
• Court: Territorial Court of Northwest Territories (Canada)
• Case Date: March 07, 2005
• Jurisdiction: Northwest Territories
• Citations: [2005] Northwest Terr. Cases 7 (TC)

Banks v. Family Vision Ltd., [2005] Northwest Terr. Cases 7 (TC)

MLB headnote and full text

Temp. Cite: [2005] Northwest Terr. Cases TBEd. OC.004

Terry Banks (plaintiff) v. Family Vision Ltd. (defendant)

(T-01-CV-2005000005; 2005 NWTTC 7)

Indexed As: Banks v. Family Vision Ltd.

Northwest Territories Territorial Court

Yellowknife

Schmaltz, J.

June 27, 2005.

Summary:

This headnote contains no summary.

Sale of Goods - Topic 6447

Breach - Remedies of seller - Damages - See paragraphs 1 to 22.

Sale of Goods - Topic 6503

Breach - Remedies of buyer - Damages - General - See paragraphs 1 to 22.

Sale of Goods - Topic 6646

Breach - Duties of buyer - Giving seller opportunity to rectify (incl. return of goods to seller) - See paragraphs 1 to 22.

Cases Noticed:

Hong Kong Fir Shipping Co. v. Kawasaki Kisen Kaisha Ltd., [1962] 2 Q.B. 26; [1962] 1 All E.R. 474 (C.A.), refd to. [para. 15].

Statutes Noticed:

Sale of Goods Act, R.S.N.W.T. 1988, c. S-2, sect. 28 [para. 12, footnote 1]; sect. 43(1), sect. 57 [para. 13, footnote 2].

Counsel:

Terry Banks was self-represented;

Martha Temple, student at law (Denroche and Associates), for the defendant.

This action was heard on March 7, 2005, by Schmaltz, J., of the Northwest Territories Territorial Court, who released the following judgment on June 27, 2005.

Please note: The following judgment has not been edited.