Wiggins v. Steele

Wiggins v. Steele

Adjudicator accepted that a longstanding water/dampness problem existed but found insufficient evidence that defendants knew of it; PDS answers were truthful statements of lack of knowledge; out-of-court repair estimates were admissible under the Small Claims Court Act but, absent authors for cross-examination, could not establish vendor knowledge; therefore the claim for misrepresentation fails.

Citation
2006 NSSM 1
Parties
Claimant: Bruce J. Wiggins; Claimant: Scott E. Rumley; Defendant: Kevin Barry Steele; Defendant: David Armstrong
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 February 2006
Procedural Posture
Small Claims Court Property Dispute / Decision
Outcome
Claim dismissed
Legal Topics
Misrepresentation, Property Disclosure Statement, Latent Defects, Hearsay Admissibility, Weight of Evidence
Source Language
English
Property Contract Tort Evidence Misrepresentation Property Disclosure Statement Latent Defects Hearsay Admissibility +1 more

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Parties

Bruce J. Wiggins

Claimant

Scott E. Rumley

Claimant

Kevin Barry Steele

Defendant

David Armstrong

Defendant

Procedural Posture

Small Claims Court Property Dispute / Decision

Legal Issues

  1. 1 Whether defendants fraudulently or negligently misrepresented basement water problems
  2. 2 Whether the Property Disclosure Statement constituted a warranty or a statement of knowledge
  3. 3 Whether out-of-court estimates/reports were admissible and what weight to attach

Ratio Decidendi

Adjudicator accepted that a longstanding water/dampness problem existed but found insufficient evidence that defendants knew of it; PDS answers were truthful statements of lack of knowledge; out-of-court repair estimates were admissible under the Small Claims Court Act but, absent authors for cross-examination, could not establish vendor knowledge; therefore the claim for misrepresentation fails.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed