Black v. Honsberger

Black v. Honsberger

The vendor negligently answered "Yes" to whether there was insulation in exterior walls without sufficient knowledge to do so; the misstatement was not fraudulent but was negligently made, the claimant reasonably relied on it, and claimant is entitled to partial damages measured as a $5,000 renegotiation of the 2010 sale price to account for the lack of known insulation.

Citation
2021 NSSM 55
Parties
Claimant: Terry Burgess Black; Defendant: Matthew Honsberger
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 December 2021
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part; vendor found negligent; claimant awarded partial damages.
Legal Topics
Misrepresentation, Property Condition Disclosure Statement, Negligence, Damages, Limitation Period, Betterment
Source Language
English
Property Law Contract Law Tort Law Misrepresentation Property Condition Disclosure Statement Negligence Damages Limitation Period +1 more

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Parties

Terry Burgess Black

Claimant

Matthew Honsberger

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Was the claim within the limitation period?
  2. 2 Was the vendor negligent or fraudulent in answering the PCDS regarding insulation in exterior walls?
  3. 3 Did the claimant reasonably rely on the PCDS?

Ratio Decidendi

The vendor negligently answered "Yes" to whether there was insulation in exterior walls without sufficient knowledge to do so; the misstatement was not fraudulent but was negligently made, the claimant reasonably relied on it, and claimant is entitled to partial damages measured as a $5,000 renegotiation of the 2010 sale price to account for the lack of known insulation.

Court Disposition

Claim allowed in part; vendor found negligent; claimant awarded partial damages.

Orders

  • Award to claimant in the amount of $5,000 CAD representing a renegotiated reduction in the 2010 sale price
  • No further monetary relief awarded