O’Shea v. Calder

O’Shea v. Calder

The court found on the balance of probabilities that the defendants honestly believed there were no water problems in the basement and had no knowledge of the leaking area under the stairs prior to sale; the evidence did not prove the defendants knowingly misrepresented the property, therefore the claim failed.

Citation
2020 NSSM 33
Parties
Claimant: Ryan O'Shea; Defendant: John Calder; Defendant: Heather Calder
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
3 November 2020
Procedural Posture
Small Claims Court — Contract (real Estate) / Hearing and Decision (hearing July 7, 2020; Decision November 3, 2020)
Outcome
Claim dismissed.
Legal Topics
Property Disclosure Statement, Misrepresentation, Seller's Knowledge, Buyer Reliance, Basement Water Damage, Causation
Source Language
English
Contract Law Real Property Property Disclosure Statement Misrepresentation Seller's Knowledge Buyer Reliance Basement Water Damage Causation

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Parties

Ryan O'Shea

Claimant

John Calder

Defendant

Heather Calder

Defendant

Procedural Posture

Small Claims Court — Contract (real Estate) / Hearing and Decision (hearing July 7, 2020; Decision November 3, 2020)

Legal Issues

  1. 1 Whether the defendants misrepresented the existence of basement water problems in the Property Disclosure Statement
  2. 2 Whether the defendants had knowledge of the leaking foundation area prior to sale
  3. 3 Whether the claimant reasonably relied on the disclosure/agent assurance to his detriment

Ratio Decidendi

The court found on the balance of probabilities that the defendants honestly believed there were no water problems in the basement and had no knowledge of the leaking area under the stairs prior to sale; the evidence did not prove the defendants knowingly misrepresented the property, therefore the claim failed.

Court Disposition

Claim dismissed.

Orders

  • Claim dismissed.