Nault v. Canadian Consumer Co. Ltd.

[1981] 1 SCR 553 Court SCC Decision date 1981-05-11 English

PartiesRobert Nault Appellant·Canadian Consumer Company Limited Respondent

Counsel (4)

Pierre Sylvestre and Mario Bouchard, for the appellant.
George R. Hendy and William Brock, for the respondent.
Solicitors for the appellant: Sylvestre, Brisson, Dupin, Charbonneau & Bourdeau, Montreal.
Solicitors for the respondent: Phillips & Vineberg, Montreal.

Judges Martland, Ronald; Dickson, Robert George Brian; Beetz, Jean; McIntyre, William Rogers; Chouinard, Julien

Decision Majority (5) · Judgment of the Court

On appeal from Quebec

Subjects Civil procedure

Majority

English version of the judgment of the Court delivered by

Judgment of the Court

those who, like himself, did not wish to be repaid, whether an offer had been made to them or not, and who continued to want only the cutlery and/or damages;

those who accepted the refund and who wanted to have damages;

those who in fact obtained the cutlery, but later than one month after making payment, and who wanted interest on the amount paid for the period elapsed beyond the month;

those who had no cutlery, received no refund and wanted their money and interest;

finally, those who only wanted the cutlery or a refund.”

Footnotes

[1] [1980] R.P. 293.
[2] (1923), 36 K.B.I.
[3] (1934), 58 K.B. 498.
[4] (1928), 46 K.B. 262.