Pettipas v. Dorion

Pettipas v. Dorion

Vendor misrepresented the condition of the sewage disposal system by answering 'No' to problems and omitting the recent installation date of the french drain, creating a misleading impression; claimant entitled to damages for replacement and pumpings subject to a two-thirds betterment deduction (allowing one-third...

Source-derived case information.

Citation
2006 NSSM 35
Parties
Claimant: Victor Pettipas; Claimant: Tracy Oickle; Defendant: John Dorion
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 January 2006
Procedural Posture
Small Claims Court of Nova Scotia / Decision (adjudicator)
Outcome
Defendant liable to Claimants
Legal Topics
Misrepresentation by Vendor, Property Condition Disclosure Statement, Septic System Failure, Damages and Betterment Deduction
Source Language
english
Property Law Contract Law Tort Law Real Estate Disclosure Misrepresentation by Vendor Property Condition Disclosure Statement Septic System Failure Damages and Betterment Deduction

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Parties

Victor Pettipas

Claimant

Tracy Oickle

Claimant

John Dorion

Defendant

Procedural Posture

Small Claims Court of Nova Scotia / Decision (adjudicator)

Legal Issues

  1. 1 Whether the vendor misrepresented the condition of the septic system in the property condition disclosure statement
  2. 2 Whether omission of the date of installation of the french drain constituted an actionable omission/misleading partial disclosure
  3. 3 Appropriate measure of damages including deduction for betterment

Ratio Decidendi

Vendor misrepresented the condition of the sewage disposal system by answering 'No' to problems and omitting the recent installation date of the french drain, creating a misleading impression; claimant entitled to damages for replacement and pumpings subject to a two-thirds betterment deduction (allowing one-third of repair costs) plus costs.

Court Disposition

Defendant liable to Claimants

Orders

  • Defendant to pay debt of $5,861.26 to the Claimants
  • Defendant to pay filing costs of $160.00 to the Claimants