What is the test for determining whether a deck is defective?
British Columbia, Canada
The following excerpt is from JDR Floor Covering Ltd. v. Mayson, 2020 BCCRT 336 (CanLII):
12. The issue is whether the deck is still defective and if that entitles the respondent to a reduced price. In a “defective work” case such as this, the ultimate burden of proof is on the party asserting the defect: Lund v. Appleford, 2017 BCPC 91.
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