Giles v. Boissonneault

Giles v. Boissonneault

Although the purchaser proved extensive rot and that silence amounted to a false representation, the vendor did not know or recklessly disregard the falsity; absence of requisite fraudulent intent (moral turpitude) together with the "as is, where is" sale requires dismissal of the fraudulent misrepresentation claim.

Citation
2014 NSSM 12
Parties
Claimant: Richard Alan Giles; Defendant: Guy Oscar Boissonneault
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 March 2014
Procedural Posture
Small Claims Court Sale of Real Property / Decision
Outcome
Claim dismissed without costs.
Legal Topics
Fraudulent Misrepresentation, Caveat Emptor, Latent Defects, As Is, Where Is, Damages
Source Language
English
Real Property Contract Law Tort Misrepresentation Consumer Law Fraudulent Misrepresentation Caveat Emptor Latent Defects As Is, Where Is +1 more

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Parties

Richard Alan Giles

Claimant

Guy Oscar Boissonneault

Defendant

Procedural Posture

Small Claims Court Sale of Real Property / Decision

Legal Issues

  1. 1 Whether the defendant is liable for fraudulent misrepresentation arising from non‑disclosure of rot in mobile home support beams
  2. 2 Whether silence can amount to a fraudulent representation in sale of land
  3. 3 Effect of an "as is, where is" clause on liability for alleged fraudulent misrepresentation

Ratio Decidendi

Although the purchaser proved extensive rot and that silence amounted to a false representation, the vendor did not know or recklessly disregard the falsity; absence of requisite fraudulent intent (moral turpitude) together with the "as is, where is" sale requires dismissal of the fraudulent misrepresentation claim.

Court Disposition

Claim dismissed without costs.

Orders

  • Claim dismissed without costs.