Karr v. Bowes

Karr v. Bowes

Seller knew or ought to have known of extensive latent rodent damage and negligently misrepresented the PDS by answering 'no'; caveat emptor did not bar the claim because damage was latent and had been covered over; buyer was contributorially negligent for proceeding despite inspector's note so liability apportioned 50/50; claimant awarded half of reasonable repair and reduced labour costs plus costs, totaling CAD 13,063.60.

Citation
2022 NSSM 20
Parties
Claimant: Eric Karr; Defendant: Maureen A. Bowes
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 June 2022
Procedural Posture
Small Claims Court Matter / Decision
Outcome
Claimant partially successful; judgment entered in favour of claimant in part
Legal Topics
Caveat Emptor, Latent Defects, Non Disclosure/misrepresentation in Property Sale, Contributory Negligence, Remedies and Damages
Source Language
English
Real Property Contract Tort (misrepresentation) Caveat Emptor Latent Defects Non Disclosure/misrepresentation in Property Sale Contributory Negligence Remedies and Damages

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Parties

Eric Karr

Claimant

Maureen A. Bowes

Defendant

Procedural Posture

Small Claims Court Matter / Decision

Legal Issues

  1. 1 Whether the seller knew of and failed to disclose rodent damage on the Property
  2. 2 Whether caveat emptor bars the claim or is displaced by the latent defect/covered over defect exceptions
  3. 3 Whether the inspector's report put the buyer on notice affecting liability and recoverable damages

Ratio Decidendi

Seller knew or ought to have known of extensive latent rodent damage and negligently misrepresented the PDS by answering 'no'; caveat emptor did not bar the claim because damage was latent and had been covered over; buyer was contributorially negligent for proceeding despite inspector's note so liability apportioned 50/50; claimant awarded half of reasonable repair and reduced labour costs plus costs, totaling CAD 13,063.60.

Court Disposition

Claimant partially successful; judgment entered in favour of claimant in part

Orders

  • Defendant to pay claimant $8,297.90 for building materials and cabinets
  • Defendant to pay claimant $4,565.70 for labour (after reductions and 50% apportionment)