MacIntyre v. Prosser

MacIntyre v. Prosser

The court found the sellers made material misrepresentations about the solar system, established negligent misrepresentation, admitted and relied on the claimant's expert report, and awarded damages reduced for betterment (two‑thirds of replacement cost after rebate) plus costs.

Citation
2013 NSSM 31
Parties
Claimant: MARIE ALAYNE MacINTYRE; Defendant: ALAN JOHN PROSSER; Defendant: JUDY LYNNE PROSSER
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
18 June 2013
Procedural Posture
Small Claims Court Claim / Decision After Hearing
Outcome
Claim allowed in part; judgment for claimant for replacement damages and costs.
Legal Topics
Misrepresentation, Negligent Misrepresentation, Caveat Emptor, Damages Betterment, Admissibility of Expert Evidence
Source Language
English
Contract Law Tort Law Real Property Evidence Misrepresentation Negligent Misrepresentation Caveat Emptor Damages Betterment +1 more

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Parties

MARIE ALAYNE MacINTYRE

Claimant

ALAN JOHN PROSSER

Defendant

JUDY LYNNE PROSSER

Defendant

Procedural Posture

Small Claims Court Claim / Decision After Hearing

Legal Issues

  1. 1 Whether representations about the solar hot water system constituted an actionable misrepresentation
  2. 2 Whether caveat emptor barred the Claimant's claim
  3. 3 Whether the expert report could be admitted and relied upon

Ratio Decidendi

The court found the sellers made material misrepresentations about the solar system, established negligent misrepresentation, admitted and relied on the claimant's expert report, and awarded damages reduced for betterment (two‑thirds of replacement cost after rebate) plus costs.

Court Disposition

Claim allowed in part; judgment for claimant for replacement damages and costs.

Orders

  • Defendants to pay Claimant $3,635.26 for damages
  • Defendants to pay Claimant costs of $182.94