![]() ![]() ![]() Our full service shop can handle all maintenance,repairs, custom and performance work on your Harley Davidson. We are a certified service center for Harley Davidson Extended Warranty. We make it our business to keep our customers on two wheels. We are bikers and enthusiasts with a passion for being in the wind. ![]() We cater to owners of Harley Davidson motorcycles. This appeal was heard on June 20, 2006, at Halifax, N.S., before Robertson, J., of the Nova Scotia Supreme Court, who delivered the following judgment on November 21, 2006.Freedom Cycle is your neighborhood motorcycle shop. 359, refd to.Ĭochrane (Laura M.) Trucking Ltd. Suppliers of goods - Negligence - Manufacturers - Defective design or manufacture - Locke purchased a motorcycle from Freedom Cycle (FCI), which was a retailer/distributor for Canadian Kawasaki (CK), the manufacturer - The motorcycle leaked gasoline due to a defective gas line, causing damage to Locke's garage and driveway - Locke brought a small claims action for damages against FCI - FCI defended and filed a separate small claims action against CK in contract and negligence, alleging that the defect was CK's responsibility - The two claims were heard together- An adjudicator of the Small Claims Court allowed Locke's claim against FCI and FCI's claim in negligence against CK - CK appealed, submitting that the adjudicator erred in failing to consider clauses in the CK-FCI contract limiting liability, erred in finding CK strictly liable and erred in finding liability absent FCI calling any evidence of negligence - The Nova Scotia Supreme Court dismissed the appeal - CK's liability was supported by the adjudicator's findings of fact, which were entitled to deference by the court, and there was no error of law - The adjudicator considered the clauses purportedly exempting liability (found that they did not), did not base liability on strict liability and there was evidence of negligence to support the liability finding. 32(1) of the Small Claims Court Act." - See paragraph 7. Small claims - Appeals - Scope of review - The Nova Scotia Supreme Court stated that "I am required as a matter of law to show deference to any findings of fact made by the adjudicator and can only overturn his decision if the adjudicator has applied the wrong principle of law to the facts or misapplied the right principle of law to the facts thus making an error in law that can be appealed under s. Provincial courts - Nova Scotia - Small Claims Court - Appeals. CK's liability was supported by the adjudicator's findings of fact, which were entitled to deference by the court, and there was no error of law. The Nova Scotia Supreme Court dismissed the appeal. FCI did not appeal the finding that it was liable to Locke. CK appealed the finding that it was liable to FCI. ![]() The two claims were heard together.Īn adjudicator of the Small Claims Court allowed Locke's claim against FCI and FCI's claim in negligence against CK. FCI defended and filed a separate small claims action against CK in contract and negligence, alleging that the defect was CK's responsibility. Locke brought a small claims action for damages against FCI. The motorcycle leaked gasoline due to a defective gas line, causing damage to Locke's garage and driveway. Locke purchased a motorcycle from Freedom Cycle (FCI), which was a retailer/distributor for Canadian Kawasaki (CK). ![]()
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