Boudreau v. Blacom

Boudreau v. Blacom

The claim was dismissed because the adjudicator preferred the defendants' evidence, found no unequivocal representation was made, concluded any reliance by the claimants was not reasonable or did not cause compensable loss, and found no legal obligation on purchasers to assume the furnace lease such that defendants...

Source-derived case information.

Citation
2007 NSSM 28
Parties
Claimant: Tanya Boudreau; Claimant: Robert Ripley; Defendant: Byron G. Blacom; Defendant: Barry J. Alexander; Defendant: Anderson Sinclair, Barristers & Solicitors; Defendant: Nancy Joyce; Defendant: Rae Dufour
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 May 2007
Procedural Posture
Small Claims / Final Decision
Outcome
Claims dismissed without costs
Legal Topics
Negligent Misrepresentation, Reliance, Damages, Real Estate Closing, Lease Payout
Source Language
english
Tort Contract Real Property Professional Negligence Negligent Misrepresentation Reliance Damages Real Estate Closing +1 more

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Parties

Tanya Boudreau

Claimant

Robert Ripley

Claimant

Byron G. Blacom

Defendant

Barry J. Alexander

Defendant

Anderson Sinclair, Barristers & Solicitors

Defendant

Nancy Joyce

Defendant

Rae Dufour

Defendant

Procedural Posture

Small Claims / Final Decision

Legal Issues

  1. 1 Whether the defendants made a negligent misrepresentation concerning credits for in‑floor heat and a water conditioner
  2. 2 Whether the claimants reasonably relied on any representation
  3. 3 Whether reliance caused compensable damages

Ratio Decidendi

The claim was dismissed because the adjudicator preferred the defendants' evidence, found no unequivocal representation was made, concluded any reliance by the claimants was not reasonable or did not cause compensable loss, and found no legal obligation on purchasers to assume the furnace lease such that defendants were liable; therefore negligent misrepresentation and damages were not proven.

Court Disposition

Claims dismissed without costs

Orders

  • Claims dismissed without costs to either party