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Digest of the Week — Negligent Home Inspection

McCarthy v. Smith |
2014 CarswellNS 701 |
Nova Scotia Small Claims Court

Torts | Negligence | Duty and standard of care | Standard of care

Claimants bought property in 2013 after receiving positive inspection report from defendant — After moving in, claimants noticed problem with moisture build up — Property was unoccupied for some time and purchase was closed during spring, when weather conditions were more favourable to air circulation — Defendant alleged that he did not breach any standard of care and that liability was limited to amount paid for report — Claimants brought action for damages for breach of standard of practice — Action allowed in part — Defendant's report was negligent and misleading in many aspects and failed to alert claimant to possible ventilation problems — Signs of potential problems were ignored by defendant entailing his liability — Limitation of liability clause was valid and should be enforced as negotiated — Claimants were granted damages of $400 plus costs.
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