Fiddes v. Beattie

Fiddes v. Beattie

Defendants knew or ought to have known about the inadequacy of the well (including the presence of a flow restrictor and prior 2010 issues) and failed to disclose material facts in the PCDS and Schedule A; that misrepresentation entitled Claimants to damages for remedial work and a contribution toward a new well, with a 20% reduction for betterment.

Citation
2018 NSSM 21
Parties
Claimant: David Fiddes; Claimant: Rayleen Turnbull; Defendant: Hollis Beattie; Defendant: Darlene Beattie
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 April 2018
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part; damages and costs awarded to Claimants
Legal Topics
Property Condition Disclosure Statement, Misrepresentation, Disclosure Obligations, Warranties, Damages, Betterment
Source Language
English
Real Property Contract Property Condition Disclosure Statement Misrepresentation Disclosure Obligations Warranties Damages Betterment

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Parties

David Fiddes

Claimant

Rayleen Turnbull

Claimant

Hollis Beattie

Defendant

Darlene Beattie

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the PCDS statement regarding water supply was misleading or a misrepresentation
  2. 2 Whether the sellers knew or ought to have known about prior well problems and the flow restrictor
  3. 3 Whether the Schedule A warranty imposed an objective standard beyond the PCDS

Ratio Decidendi

Defendants knew or ought to have known about the inadequacy of the well (including the presence of a flow restrictor and prior 2010 issues) and failed to disclose material facts in the PCDS and Schedule A; that misrepresentation entitled Claimants to damages for remedial work and a contribution toward a new well, with a 20% reduction for betterment.

Court Disposition

Claim allowed in part; damages and costs awarded to Claimants

Orders

  • Damages awarded to Claimants: $6,465.97
  • Costs awarded to Claimants: $199.35 (filing) and $211.60 (service)