Cholewa v. McAuley

The claim was dismissed because the defendants were not negligent: the Property Condition Disclosure Statement warned of potential water shortages, the claimants were advised to test the water and failed to do so, and the seller had contractually eliminated any warranty regarding adequate water supply, so the plaintiffs could not establish liability.

Citation: 2011 NSSM 11
Parties: Claimant: Justyna Cholewa; Claimant: Pawel Cholewa; First Defendant: Alicia McAuley; Second Defendant: Ron Bitar; Third Defendant: Judy Steadman
Court: Nova Scotia Small Claims Court
Jurisdiction: Canada
Judgment Date: 10 February 2011
Procedural Posture: Small Claims Court Property Transaction Dispute / Final Decision (adjudication)
Outcome: Claim dismissed
Legal Topics: Sale of Land, Disclosure, Property Condition Disclosure Statement, Breach of Duty, Well Water Supply, Service of Process
Source Language: English

Real Property Real Estate Tort Negligence Contract Sale of Land Disclosure Property Condition Disclosure Statement +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Party arguments 2

Parties

Justyna Cholewa

Claimant

Pawel Cholewa

Claimant

Alicia McAuley

First Defendant

Ron Bitar

Second Defendant

Judy Steadman

Third Defendant

Procedural Posture

Small Claims Court Property Transaction Dispute / Final Decision (adjudication)

Legal Issues

1 Whether realtors owed a duty to disclose well water problems to the buyers
2 Whether defendants were negligent in the real estate transaction
3 Whether the claimants relied on any misrepresentation by the realtors

Ratio Decidendi

Court Disposition

Claim dismissed

Orders

Claim against the Defendants is dismissed.
Third defendant Judy Steadman discontinued from the claim.