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ARTICLE · 29 JANUARY 2013

"Utter And Substantial Breach Of Contract" Is Not A New Thing

DLA Piper
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A discussion on Slimmon v. Precision Fitting Ltd., 2012 ABQB 771, a Queen's Bench appeal from a Provincial Court decision.

CanadaLitigation, Mediation & Arbitration
Malinda Yuen
Malinda Yuen
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Slimmon v. Precision Fitting Ltd., 2012 ABQB 771, a Queen's Bench appeal from a Provincial Court decision, is an interesting case.  It confirms what many lawyers might have expected – an "utter and substantial" breach is not a separate or unique category of breach of contract.

The case involved a couple, the Slimmons, who had hired Precision Fitting Ltd. to build a retaining wall.  The work exceeded the initial quote given and the Slimmons were dissatisfied with the quality of work done by Precision. Indeed, the trial judge described the work as follows: "in 12 years I've been sitting on this bench, this is one of the worst jobs I've ever had the privilege of watching be completed." Given the volume of similar cases this Provincial Court Judge must have seen in his career, this is quite a statement. 

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