Beetle battle over hardwood headed to trial
Jen White | CBC News | Posted: January 30, 2015 4:08 PM | Last Updated: January 30, 2015
Case involving infested flooring couldn't be resolved in small claims settlement conferences
A small claims case involving beetle-infested hardwood flooring couldn't be settled in provincial court Friday morning, and now it's headed to trial.
Elizabeth and Tim Stanley alleged they were sold flooring for their daughter's playroom that contained a rare infestation of true powderpost beetles.
But the manufacturer, Mercier Wood Flooring, and the retailer, Atlantic Home Furnishings, insist that the infestation is the homeowners' fault.
This latest court appearance marked the third attempt to settle the claim.
The couple's exterminators have recommended that they have their entire house sprayed, all of the current hardwood replaced, and furniture put in storage. They were told the process would take about five weeks, so the family of four would have to find other accommodations during that time.
The Stanleys said that process would cost about $25,000.
In a St. John's courtroom on Friday, Chief Judge Mark Pike asked both sides if they could come to some sort of monetary agreement.
Elizabeth Stanley said she would accept $18,000 — which would cover the cost of the extermination and the new hardwood flooring.
But Atlantic Home Furnishings' lawyer, Denis Barry, and Mercier's lawyer, Jane Crosbie, both said a deal would not be struck at this time.
The case is now set to go to a two-day trial in April.