Atwood v. Fullerton

Atwood v. Fullerton

The defendants answered "No" on the disclosure to prior repairs which was factually false regarding past repairs for basement water; the defect was latent, the claimant reasonably relied on the disclosure, and the misrepresentation was negligent (not fraudulent), entitling the claimant to damages for remedial work and costs.

Citation
2020 NSSM 22
Parties
Claimant: CAMERON JASMES SCHONEVELD ATWOOD; Defendant: GARY LAWRENCE FULLERTON; Defendant: SHAWNA MARINDA FULLERTON
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 November 2020
Procedural Posture
Small Claims Court / Decision (adjudication)
Outcome
Judgment for Claimant
Legal Topics
Property Disclosure, Latent Defects, Negligent Misrepresentation, Fraudulent Misrepresentation, Caveat Emptor, Damages
Source Language
English
Real Property Contract Law Tort Law Property Disclosure Latent Defects Negligent Misrepresentation Fraudulent Misrepresentation Caveat Emptor +1 more

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Parties

CAMERON JASMES SCHONEVELD ATWOOD

Claimant

GARY LAWRENCE FULLERTON

Defendant

SHAWNA MARINDA FULLERTON

Defendant

Procedural Posture

Small Claims Court / Decision (adjudication)

Legal Issues

  1. 1 Whether the defendants misrepresented prior repairs and the existence of basement water problems on the property disclosure statement
  2. 2 Whether the basement flooding defect was latent or patent
  3. 3 Whether the defendants were negligent or fraudulent in their representations

Ratio Decidendi

The defendants answered "No" on the disclosure to prior repairs which was factually false regarding past repairs for basement water; the defect was latent, the claimant reasonably relied on the disclosure, and the misrepresentation was negligent (not fraudulent), entitling the claimant to damages for remedial work and costs.

Court Disposition

Judgment for Claimant

Orders

  • Judgment for the Claimant in the amount of $10,102.18 against Gary Lawrence Fullerton and Shawna Marinda Fullerton
  • Costs awarded to the Claimant in the amount of $475.35 (filing fee $199.35 and service $276.00)