Marier v. Lalonde

Marier v. Lalonde

The Court found the vendors did not have actual or imputable knowledge of an encroachment and did not act negligently or recklessly in answering the PCDS; caveat emptor applied and the purchasers failed to obtain a current survey, thus negligent misrepresentation was not established and the claim was dismissed.

Citation
2007 NSSM 95
Parties
Claimant: Philippe Marier; Claimant: Isabelle Forcier; Defendant: Benoit Lalonde; Defendant: Edith Lafleur
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 November 2007
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed.
Legal Topics
Encroachment, Property Condition Disclosure, Negligent Misrepresentation, Caveat Emptor, Damages, Costs
Source Language
English
Real Property Contract Law Tort Negligent Misrepresentation Encroachment Property Condition Disclosure Negligent Misrepresentation Caveat Emptor Damages +1 more

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Parties

Philippe Marier

Claimant

Isabelle Forcier

Claimant

Benoit Lalonde

Defendant

Edith Lafleur

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the PCDS answer that there were no encroachments amounted to a negligent or fraudulent misrepresentation
  2. 2 Whether the vendors had actual or imputed knowledge of an encroachment at the time of signing the PCDS
  3. 3 Whether the purchasers reasonably relied on the PCDS to their detriment and are entitled to damages and costs

Ratio Decidendi

The Court found the vendors did not have actual or imputable knowledge of an encroachment and did not act negligently or recklessly in answering the PCDS; caveat emptor applied and the purchasers failed to obtain a current survey, thus negligent misrepresentation was not established and the claim was dismissed.

Court Disposition

Claim dismissed.

Orders

  • Claim dismissed
  • No costs awarded to the claimants