Reported as: 2018 SKQB 180
Docket Number: QBG 1590/16 JCS , QB17567
Court: Court of Queen's Bench
- Contract Law � Breach � Payment � Determination of Amount
Digest: The plaintiff�s summary judgment application was granted. The court found that there was an enforceable contract between the parties that the defendant had hired the plaintiff to repair hail-damaged vehicles (see: 2018 SKQB 138). The court left the question of how much the defendant owed the plaintiff to be settled by agreement between the parties but if they failed to do so, the matter could be returned to the court for determination. The major issue concerned the fact that the agreement between the parties was that the plaintiff would receive the insurance proceeds paid to the defendant. The cost of repair was based upon estimates provided by another dent repair company that used the costs associated with regular auto body work. The plaintiff however could repair at a lower cost because it used paintless dent repair. The insurer�s claim adjuster came to understand that regardless of the estimates, the repairs performed by the plaintiff were different and would cost less than the estimates. The insurer and the defendant agreed that the insurer would accept as its proven claim, a sum equal to 80 per cent of the estimates. The plaintiff sought payment based upon the original estimates.
HELD: The court determined that the plaintiff should receive payment based...