Makary v. Pleasant et al.

Makary v. Pleasant et al.

The claimant failed to establish on the balance of probabilities that any defendant caused a crack or leak in the septic system or that any breach of contractual or tortious duty caused the asserted damages; evidence showed only minor remedied incidents and a satisfactory inspection, therefore the claim is dismissed.

Citation
2023 NSSM 68
Parties
Claimant: Holly Anne Makary; Defendant: Jerry Pleasant; Defendants: Gordon Horton and Judith Horton; Defendant: Eastern Home Video Inspection
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 October 2023
Procedural Posture
Small Claims / Decision (written Reasons)
Outcome
Claim dismissed
Legal Topics
Septic System Damage, Inspection, Holdback Provision, Breach of Duty, Causation, Damages, Evidence and Burden of Proof
Source Language
English
Negligence Contract Property Law Real Property Septic System Damage Inspection Holdback Provision Breach of Duty +3 more

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Parties

Holly Anne Makary

Claimant

Jerry Pleasant

Defendant

Gordon Horton and Judith Horton

Defendants

Eastern Home Video Inspection

Defendant

Procedural Posture

Small Claims / Decision (written Reasons)

Legal Issues

  1. 1 Whether defendant Pleasant caused physical damage to the septic system by excavation
  2. 2 Whether Eastern Home Video Inspection was negligent in failing to detect a crack
  3. 3 Whether the Hortons breached the Agreement of Purchase and Sale or addendum

Ratio Decidendi

The claimant failed to establish on the balance of probabilities that any defendant caused a crack or leak in the septic system or that any breach of contractual or tortious duty caused the asserted damages; evidence showed only minor remedied incidents and a satisfactory inspection, therefore the claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed against all defendants