contract-law ontario
Ought store compensate me $100 for paying mover to return mattress of wrong size?
<p>I bought a Full XL mattress and bed frame from a store in Ontario, but they delivered a California King – they contended they didn't have Full XL. I can't accept the King as it won't fit in bedroom! I called them to pick it up, but they insisted on charging $250 especially as I live in a rural area.  I escalated to the Manager but she said the same. I can't lift – let alone move – them, and paid movers $100 to transport both back to the store. The store refunded me for the mattress and bed frame, but not $100.  They emailed</p>

<blockquote>
  <p>Your request for $100 is inappropriate. This is final, and we will not respond to you any more on this matter.</p>
</blockquote>

<p>What's the most fitting case on remoteness of damage? <a href="https://en.wikipedia.org/wiki/Hadley_v_Baxendale" rel="nofollow noreferrer"><em>Hadley v Baxendale</em> [1854] EWHC J70</a>? <a href="https://en.wikipedia.org/wiki/Transfield_Shipping_Inc_v_Mercator_Shipping_Inc" rel="nofollow noreferrer"><em>The Achilleas</em> [2008] UKHL 4</a>?</p>

<p>FYI, ON Small Claims Court charges $102 for filing a claim.</p>

<h2>You are probably entitled to the $100 (more or less)</h2>

<p>They breached the contract and you are entitled to damages (what it cost you) for dealing with their breach if they are unable or unwilling to remedy their breach.</p>

<p>This would include the reasonable cost of your disposing of the unwanted mattress plus or minus any difference in the price from you sourcing the equivalent mattress elsewhere (subject to any legitimate terms of the contract that allow them to cancel the contract if they can’t supply).</p>

<p>Of course, it’s not worth suing over such a trivial amount but this is the sort of thing the consumer protection regulator in your jurisdiction would be interested in.</p>
