McGuire v. Fraser

McGuire v. Fraser

The contractor was liable under Civil Code arts. 1055, 1688 and 1696 for negligent execution and latent defects that caused damage to the subsequent purchaser; the subsequent purchaser is entitled to sue as the injured party; the expert valuation method adopted was appropriate and recoverable damages included assessed loss, repair costs, experts' fees and protest costs.

Citation
(1908) 40 SCR 577
Parties
Respondent; Plaintiff; Subsequent Purchaser: McGuire; Appellant; Defendant; Contractor: Fraser
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 October 1908
Procedural Posture
Civil Appeal to Supreme Court of Canada / Final Judgment on Appeal Affirming Lower Courts
Outcome
Appeal dismissed with costs; judgment of lower courts affirmed.
Legal Topics
Construction Defect, Contractor Liability, Negligence, Latent Defects, Damages Assessment
Source Language
English
Contract Tort Property Construction Defect Contractor Liability Negligence Latent Defects Damages Assessment

Case Brief

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Parties

McGuire

Respondent; Plaintiff; Subsequent Purchaser

Fraser

Appellant; Defendant; Contractor

Procedural Posture

Civil Appeal to Supreme Court of Canada / Final Judgment on Appeal Affirming Lower Courts

Legal Issues

  1. 1 Whether a contractor is liable for latent defects and negligent execution of work causing damage to a subsequent purchaser
  2. 2 Whether a subsequent purchaser of a building has a right of action against the original contractor for latent defects
  3. 3 Whether damages assessed by insurance adjusters and valuators in the usual manner for fire damage are admissible and appropriate

Ratio Decidendi

The contractor was liable under Civil Code arts. 1055, 1688 and 1696 for negligent execution and latent defects that caused damage to the subsequent purchaser; the subsequent purchaser is entitled to sue as the injured party; the expert valuation method adopted was appropriate and recoverable damages included assessed loss, repair costs, experts' fees and protest costs.

Court Disposition

Appeal dismissed with costs; judgment of lower courts affirmed.

Orders

  • Appeal dismissed with costs to the respondent.
  • Judgment of the Superior Court and Court of King's Bench affirmed.