Plaintiff
Defendant
Facts:
Colin Bradley Cattell and Kelly Cattell sued Jacqueline Lazar regarding the aborted sale of their property. Ms. Lazar alleged water damage on the closing day and sought to rescind the contract, claiming fraudulent misrepresentation and substantial damage. She counterclaimed for the return of $179,259.68 already paid. The Cattells maintained the damage was minor and denied any misrepresentation.
Legal Issues:
Court's Findings:
Award and Costs:
The court ordered the return of $179,259.68 to Ms. Lazar, plus pre-judgment interest from June 25, 2014. Costs were awarded under column 2 of the Tariff of Costs, reflecting moderate case complexity.
Conclusion
Ms. Lazar successfully rescinded the contract and received damages for her reliance on the misrepresentation. The decision emphasized the seller's duty to disclose material property issues.
Court
Court of King's Bench for SaskatchewanCase Number
QBG-SA-01002-2015Practice Area
Real estateAmount
$ 179,260Winner
DefendantTrial Start Date
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