Overview:
Floyd and Susan Heidecker (plaintiffs) claimed negligence and breach of contract against Carmen Campbell (defendant) and her associated brokerage, 100% Realty Associates Ltd. The case revolved around Ms. Campbell’s failure to act on a time-sensitive condition in a real estate transaction.

Facts:
The plaintiffs sought to purchase a property in Osler, Saskatchewan, contingent on selling their Ottawa home. Ms. Campbell failed to notify them about a 48-hour clause triggered by another offer. As a result, the plaintiffs’ contract to purchase the Osler property was terminated.

Legal Issues:

1. Negligence: Ms. Campbell admitted liability for her failure to act on the notice.

2. Breach of Contract: The plaintiffs argued that Ms. Campbell violated her duty of care under the agency agreement.

3. Liability of Brokerage: The court dismissed claims against 100% Realty Associates, finding Ms. Campbell was an independent contractor.

4. Damages: Plaintiffs sought costs related to the failed transaction, including increased property costs, travel, storage, and mental distress.

Judgment and Costs:
The court awarded the plaintiffs $9,401.29 for special damages, covering travel, storage, mail costs, and partial reimbursement for household items. Claims for increased property costs and mental distress were denied. The action against 100% Realty Associates Ltd. was dismissed.

Significance:
The judgment underscored the limits of liability for independent contractors and clarified the application of betterment and mitigation principles in negligence claims.