Law360 Canada ( November 1, 2021, 9:04 AM EDT) -- Appeal by Warkentin Building Movers from a summary trial decision finding that the Consumer Protection Act (CPA) applied to a transaction with the respondents, the LaTraces. In 2015, the respondents hired the appellant to move their house, a gazebo and a garage roof between two properties. Each structure was delivered separately. The respondents alleged that the structures were damaged in the move. The respondents sought damages of $1.5 million based on breach of contract, negligence, negligent misrepresentation and breach of the CPA. The appellant counterclaimed for $150,000 in damages based on the respondents’ failure to pay their invoice and other disbursements. A summary trial application ordered as part of the case management process found that the parties’ contract was subject to the CPA. The judge accepted the respondents’ submission that the inherent nature of the house-moving service offered by the appellant was primarily for personal, family or household purposes. The judge rejected the appellant’s position that the respondents’ intention to rent out the house meant that the transaction was commercial in nature. Warkentin appealed....