Morrison v. David Canning Heat & Maintenance

Morrison v. David Canning Heat & Maintenance

Claims against Appleby dismissed because plaintiffs knew or ought to have known the furnace was not new, defects were not shown to be latent and caveat emptor applied; claim against Canning dismissed due to privity and lack of evidence of transferable warranty and causation; CEC was held liable for chimney/ventilation defects because limitation clauses were not clearly explained and the inspection failed to address venting hazards — award granted for chimney repairs and partial costs totaling $2,636.01.

Citation
2009 NSSM 61
Parties
Claimant: Steven and Shelley Morrison; First Defendant: David Canning; Second Defendant: Edward Charles Crocker and CEC Home Inspections Plus Limited; Third Defendant: Brian and Joann Appleby
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
26 November 2009
Procedural Posture
Small Claims Court (nova Scotia) / Final Decision
Outcome
Claim dismissed against Brian and Joann Appleby and dismissed against David Canning; judgment entered against CEC Home Inspections Plus Limited in favour of claimants for specified sums.
Legal Topics
Fraudulent Misrepresentation, Negligent Misrepresentation, Breach of Contract, Breach of Warranty, Negligence, Caveat Emptor, Home Inspection Liability
Source Language
English
Contract Tort Real Property Consumer Protection Fraudulent Misrepresentation Negligent Misrepresentation Breach of Contract Breach of Warranty +3 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 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Steven and Shelley Morrison

Claimant

David Canning

First Defendant

Edward Charles Crocker and CEC Home Inspections Plus Limited

Second Defendant

Brian and Joann Appleby

Third Defendant

Procedural Posture

Small Claims Court (nova Scotia) / Final Decision

Legal Issues

  1. 1 Whether the sellers (Appleby) failed to disclose latent defects in the heating system and basement
  2. 2 Whether caveat emptor applies where purchaser obtained a home inspection
  3. 3 Whether the contractor (Canning) owed a duty or transferable warranty to purchaser

Ratio Decidendi

Claims against Appleby dismissed because plaintiffs knew or ought to have known the furnace was not new, defects were not shown to be latent and caveat emptor applied; claim against Canning dismissed due to privity and lack of evidence of transferable warranty and causation; CEC was held liable for chimney/ventilation defects because limitation clauses were not clearly explained and the inspection failed to address venting hazards — award granted for chimney repairs and partial costs totaling $2,636.01.

Court Disposition

Claim dismissed against Brian and Joann Appleby and dismissed against David Canning; judgment entered against CEC Home Inspections Plus Limited in favour of claimants for specified sums.

Orders

  • Claim against Brian and Joann Appleby dismissed with no order as to costs.
  • Claim against David Canning dismissed with no order as to costs.