Boychuk v. Butler

Boychuk v. Butler

Adjudicator found Sellers negligent in preparing the Property Condition Disclosure Statement by failing to disclose septic-related drainage history in the sewage section, creating a misleading impression; Buyers reasonably relied on that disclosure and suffered damages when the septic system failed. Sellers breached the deficiency agreement re: patio door but Buyers failed to prove on balance that window replacement was necessary for the door installation and those costs were dismissed. Damages awarded for leak repair ($166.75) and net septic replacement ($4,973.75) after excluding specified upgrades ($2,000) and applying a 50% betterment reduction; total judgment $5,140.50; costs each...

Citation
2007 NSSM 10
Parties
Claimant: Bob Boychuk; Claimant: Sarah Donahue Boychuk; Defendant: Anne Butler; Defendant: David Butler
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 February 2007
Procedural Posture
Small Claims Real Property/contract Dispute / Decision / Final Order
Outcome
Partially in favour of Claimants; judgment against Defendants for $5,140.50; some claims dismissed (window replacement)
Legal Topics
Property Condition Disclosure, Latent Defects, Caveat Emptor, Merger Doctrine and Exceptions, Collateral Warranty, Pre Closing Inspection, Holdback, Betterment Deduction, Damages
Source Language
English
Real Property Contract Tort Negligent Misrepresentation Property Condition Disclosure Latent Defects Caveat Emptor Merger Doctrine and Exceptions Collateral Warranty +4 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 5 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bob Boychuk

Claimant

Sarah Donahue Boychuk

Claimant

Anne Butler

Defendant

David Butler

Defendant

Procedural Posture

Small Claims Real Property/contract Dispute / Decision / Final Order

Legal Issues

  1. 1 Whether Sellers negligently misrepresented condition of septic system and failed to disclose latent defects
  2. 2 Whether Sellers breached the deficiency agreement to repair the sunroom sliding door and whether replacement windows were recoverable
  3. 3 Whether Buyers reasonably relied on Property Condition Disclosure Statement and Home Inspection

Ratio Decidendi

Adjudicator found Sellers negligent in preparing the Property Condition Disclosure Statement by failing to disclose septic-related drainage history in the sewage section, creating a misleading impression; Buyers reasonably relied on that disclosure and suffered damages when the septic system failed. Sellers breached the deficiency agreement re: patio door but Buyers failed to prove on balance that window replacement was necessary for the door installation and those costs were dismissed. Damages awarded for leak repair ($166.75) and net septic replacement ($4,973.75) after excluding specified upgrades ($2,000) and applying a 50% betterment reduction; total judgment $5,140.50; costs each...

Court Disposition

Partially in favour of Claimants; judgment against Defendants for $5,140.50; some claims dismissed (window replacement)

Orders

  • Defendants shall pay to the Claimants the total sum of $5,140.50.
  • Each party shall bear their own costs.