Century 21 Trident Ltd. v. MacDougall Medicine Professional Corporation Ltd.

Century 21 Trident Ltd. v. MacDougall Medicine Professional Corporation Ltd.

The BDBA remained in effect because there was no mutual written termination and no evidence of material breach by the listing agent; therefore Peter MacDougall Medicine owed the contractual commission and related HST. The indemnity claim against Colleen Ryan and Atlantic Real Estate Services Ltd. fails because no special relationship or reasonable reliance was established and the coffee-shop conversation did not give rise to actionable negligent misrepresentation.

Citation
2024 NSSM 3
Parties
Claimant: Century 21 Trident Ltd.; Defendant/claimant: Peter MacDougall Medicine Professional Corporation Limited; Defendant: Colleen Ryan; Defendant: Atlantic Real Estate Services Ltd. doing business as Royal LePage Atlantic
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 February 2024
Procedural Posture
Small Claims Court Contract and Indemnity Disputes / Hearing and Decision (heard Oct 23, 2023; Decision Feb 2, 2024)
Outcome
Judgment for Claimant Century 21 Trident Ltd. in Claim 522582 for commission, HST, fees and interest; Claim 524458 by Peter MacDougall Medicine against Colleen Ryan and Atlantic Real Estate Services Ltd. dismissed.
Legal Topics
Buyer Designation Brokerage Agreement, Termination of Contract, Breach of Contract, Indemnity, Standard of Care, Hedley Byrne Negligent Misrepresentation
Source Language
English
Contract Law Real Property Professional Negligence Tort Negligent Misrepresentation Civil Procedure Buyer Designation Brokerage Agreement Termination of Contract Breach of Contract +3 more

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Parties

Century 21 Trident Ltd.

Claimant

Peter MacDougall Medicine Professional Corporation Limited

Defendant/claimant

Colleen Ryan

Defendant

Atlantic Real Estate Services Ltd. doing business as Royal LePage Atlantic

Defendant

Procedural Posture

Small Claims Court Contract and Indemnity Disputes / Hearing and Decision (heard Oct 23, 2023; Decision Feb 2, 2024)

Legal Issues

  1. 1 Whether the June 17, 2022 Buyer Designated Brokerage Agreement (BDBA) remained in force at the time of purchase of 03-1048 Wellington Street
  2. 2 Whether the BDBA was validly terminated by unilateral email or by material breach
  3. 3 Whether Colleen Ryan and Atlantic Real Estate Services Ltd. are liable for negligent misrepresentation/required to indemnify Peter MacDougall Medicine

Ratio Decidendi

The BDBA remained in effect because there was no mutual written termination and no evidence of material breach by the listing agent; therefore Peter MacDougall Medicine owed the contractual commission and related HST. The indemnity claim against Colleen Ryan and Atlantic Real Estate Services Ltd. fails because no special relationship or reasonable reliance was established and the coffee-shop conversation did not give rise to actionable negligent misrepresentation.

Court Disposition

Judgment for Claimant Century 21 Trident Ltd. in Claim 522582 for commission, HST, fees and interest; Claim 524458 by Peter MacDougall Medicine against Colleen Ryan and Atlantic Real Estate Services Ltd. dismissed.

Orders

  • Defendant Peter MacDougall Medicine Professional Corporation Limited to pay Century 21 Trident Ltd. $21,364.86 (comprised of $18,000 commission, $2,700 HST, $199.30 court fees and $465.56 interest)
  • Claim 524458 dismissed; Colleen Ryan and Atlantic Real Estate Services Ltd. (Royal LePage Atlantic) are not liable to indemnify Peter MacDougall Medicine