Legal Blog:
Mar
01
2004
Betterment #2
In our September 2002 newsletter, we discussed the case of Maisonneuve v. Burley, a 2001 decision of the Saskatchewan Court of Queen’s Bench. In that case, a handyman, who was not so handy, built a retaining wall for the grand sum of $15,000. The cost to rip out and replace the un-engineered and deficient wall was $78,000. The judge awarded $25,000 because that cost was “wholly disproportionate relative to the value of what might be achieved through performance.” We then noted, “A court will not do something that it perceives as unreasonable.”
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