Can a plaintiff recover damages from an independent contractor for failing to complete repairs to a client’s car?

In Bowen v. Guardian Insurance Company, [1992] B.C.J. No. 901 (S.C.), the plaintiff argued that the deficient repairs were undertaken by the insurer. The court found that the restoration firms were retained by the plaintiffs’ daughter as their agent. The adjuster appointed by the insurance company who was an independent contractor gave evidence that he did not retain contractors on behalf of the insurer or the insureds but only proposed names that were familiar to him which the insureds accepted. Melvin J. found that “As the contractual arrangement is between the plaintiffs and those contractors, in my view, the plaintiff(s) can have no claim against the defendant for the alleged inferior quality of workmanship.” Melvin J. went on to find that the insurance company remained responsible for certain incomplete limits of repair. He also added that the plaintiffs were obliged to actually replace the items in order to take advantage of the replacement costs endorsement.