Kelly v. Wiseman

Kelly v. Wiseman

Ms. Glynn was liable for negligent misrepresentation because she signed the PCDS asserting no septic problems without qualifying her limited knowledge; a duty existed, the representation was misleading and untrue as the system was undersized and failed, the Claimants reasonably relied on the representation to their detriment, contributory negligence by the Claimants (40%) reduced recoverable damages, and the prior $8,000 settlement with Wiseman was to be set off, resulting in a net judgment of $1,010.81 plus costs adjustments.

Citation
2018 NSSM 67
Parties
Claimants: Michael Kelly and Wendy Kelly; Defendant: Glenn Wiseman; Defendant: Nickey Glynn
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 July 2018
Procedural Posture
Small Claims Court Negligent Misrepresentation (real Property) / Decision (adjudicator's Judgment)
Outcome
Judgment for the Claimants in part against defendant Nickey Glynn
Legal Topics
Misrepresentation, Negligent Misrepresentation, Property Condition Disclosure Statement, Contributory Negligence, Damages, Costs, Septic System Regulatory Standards
Source Language
English
Property Law Contract Law Tort Law (negligent Misrepresentation) Regulatory Law (environment/sewage) Misrepresentation Negligent Misrepresentation Property Condition Disclosure Statement Contributory Negligence +3 more

Case Brief

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Parties

Michael Kelly and Wendy Kelly

Claimants

Glenn Wiseman

Defendant

Nickey Glynn

Defendant

Procedural Posture

Small Claims Court Negligent Misrepresentation (real Property) / Decision (adjudicator's Judgment)

Legal Issues

  1. 1 Whether the defendant Nickey Glynn is liable in negligent misrepresentation regarding the septic field
  2. 2 Whether the claimants reasonably relied on the Property Condition Disclosure Statement
  3. 3 Whether the claimants' failure to inspect constitutes contributory negligence and the appropriate apportionment

Ratio Decidendi

Ms. Glynn was liable for negligent misrepresentation because she signed the PCDS asserting no septic problems without qualifying her limited knowledge; a duty existed, the representation was misleading and untrue as the system was undersized and failed, the Claimants reasonably relied on the representation to their detriment, contributory negligence by the Claimants (40%) reduced recoverable damages, and the prior $8,000 settlement with Wiseman was to be set off, resulting in a net judgment of $1,010.81 plus costs adjustments.

Court Disposition

Judgment for the Claimants in part against defendant Nickey Glynn

Orders

  • Judgment in favour of Michael Kelly and Wendy Kelly against Nickey Glynn in the amount of $1,010.81
  • Costs awarded to the Claimants in the amount of $150.00