Bernard v. Bozyk, (2015) 470 Sask.R. 319 (PC)

JudgeKovatch, P.C.J.
CourtProvincial Court of Saskatchewan (Canada)
Case DateMarch 31, 2015
JurisdictionSaskatchewan
Citations(2015), 470 Sask.R. 319 (PC);2015 SKPC 44

Bernard v. Bozyk (2015), 470 Sask.R. 319 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. AP.004

Faith Allyson Michele Bernard v. Stuart Bozyk o/a Stuart Bozyk Goldsmith

(80/13; 2015 SKPC 44)

Indexed As: Bernard v. Bozyk

Saskatchewan Provincial Court

Civil Division

Kovatch, P.C.J.

March 31, 2015.

Summary:

The plaintiff took her sapphire engagement ring to the defendant to repair and size the band. The sapphire stone had been heat treated. When the defendant used heat on the band, the stone was damaged. The plaintiff sued. The real issue was assessment of damages.

The Saskatchewan Provincial Court awarded $1,500 damages, plus $20 costs for issuance of the claim.

Damage Awards - Topic 1566

Contracts - Repairs - General damages for breach by repairer - [See Torts - Topic 6626 ].

Torts - Topic 6626

Defences - Contributory negligence - Particular cases - Negligent performance of contract - The plaintiff took her sapphire engagement ring to the defendant to repair and size the band - The sapphire stone had been heat treated - When the defendant used heat on the band, the stone was damaged - The plaintiff sued - The real issue was assessment of damages - The plaintiff's boyfriend had purchased the sapphire ring from a jeweler in Montana - The invoice that was entered into evidence appeared to say that the ring cost $2,885 - The Saskatchewan Provincial Court awarded $1,500 damages, plus $20 costs for issuance of the claim - The court considered that: the band remained and was not damaged; almost all retail goods were significantly depreciated in value as soon as they were removed from the store; and the plaintiff had to bear some responsibility for not being in a position to advise that the stone was heat treated or enhanced.

Counsel:

Faith Allyson Michele Bernard, plaintiff, self-represented;

Stuart Bozyk, defendant, self-represented.

This case was heard by Kovatch, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on March 31, 2015.

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