Muskoka Fuels v. Hassan Steel Fabricators Limited; Sale of Goods Act; Sale of Goods Act; Act

2011 ONCA 355; Lerners acted for the appellant in this litigation arising out of a defective fuel storage tank under the Sale of Goods Act. The Ontario Court of Appeal upheld the trial judge’s award of damages in this case. However, the Ontario Court of Appeal, unlike the trial judge, held that damages flowed from breach of the “implied merchantability” principle within section15(1) of the Sale of Goods Act, and not from a different provision of the Act or negligence.