MacKinnon v. Prudential Woods Realty

MacKinnon v. Prudential Woods Realty

The vendor (Ross Kennedy) and his agent represented the property had a drilled well; that representation was false and the purchaser did not receive what he bargained for, so the vendor must compensate the purchaser for the cost to remedy the defect; there was insufficient evidence to hold the brokerage liable and contributory negligence did not apply.

Citation
2007 NSSM 88
Parties
Claimant: Ambrose A. MacKinnon; Defendant: Prudential Woods Realty; Defendant: Ross Kennedy
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 January 2007
Procedural Posture
Small Claims Court / Decision / Amended Order
Outcome
Claim allowed in part against Ross Kennedy; Prudential Woods Realty not held liable.
Legal Topics
Misrepresentation, Negligent Misrepresentation, Listing Agreement, Remedies, Contributory Negligence, Vicarious Liability, Purchase and Sale Conditions
Source Language
English
Real Property Contract Tort (negligent Misrepresentation) Agency Law Misrepresentation Negligent Misrepresentation Listing Agreement Remedies +3 more

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Parties

Ambrose A. MacKinnon

Claimant

Prudential Woods Realty

Defendant

Ross Kennedy

Defendant

Procedural Posture

Small Claims Court / Decision / Amended Order

Legal Issues

  1. 1 Whether vendor and/or brokerage made a false representation that the property had a drilled well
  2. 2 Whether the vendor or brokerage is liable for the cost of installing a drilled well
  3. 3 Whether the claimant was contributorily negligent or otherwise barred from recovery

Ratio Decidendi

The vendor (Ross Kennedy) and his agent represented the property had a drilled well; that representation was false and the purchaser did not receive what he bargained for, so the vendor must compensate the purchaser for the cost to remedy the defect; there was insufficient evidence to hold the brokerage liable and contributory negligence did not apply.

Court Disposition

Claim allowed in part against Ross Kennedy; Prudential Woods Realty not held liable.

Orders

  • Ross Kennedy to pay $2,070.00 for cost of a drilled well
  • Ross Kennedy to pay $100.00 service costs