Hodgins v. Hydro-Electric Commission of Nepean, [1976] 2 S.C.R. 501 (1975)
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Hodgins v. Hydro-Electric Commission of Nepean, [1976] 2 S.C.R. 501 (1975)
Supreme Court of Canada
Hodgins v. Hydro-Electric Commission of Nepean, [1976] 2 S.C.R. 501Date: 1975-10-07Robert Hodgins (Plaintiff) Appellant;andThe Hydro-Electric Commission of the Township of Nepean (Defendant) Respondent.1975: May 1; 1975: October 7.Present: Laskin C.J. and Martland, Judson, Ritchie, Spence, Pigeon, Beetz and de Grandpré JJ.ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.Negligence-Duty of care-Estimate of electrical heating costs-Standard required in preparation of estimate-Estimate wrong-Requirement of establishing negligence rather than mere error.Appellant decided to add an indoor pool to his house. He originally intended to heat the addition by a forced-air system but his electrical contractor suggested that he consider using electrical heating. An estimate of the yearly cost of such heating was obtained from the respondent, the exclusive electrical supplier for the area. This estimate proved to be very much less than the actual cost. Appellant subsequently sued the respondent for the difference between the actual and estimated heating cost for a three-year period together with the cost of the electrical installation which was to be removed and the cost of converting a forced-air system to accommodate the addition. He succeeded at trial but the appeal from that judgment was allowed.Held (Spence J. dissenting): The appeal should be dismissed.Per Laskin C.J.: It is not invariably enough to defeat the action in such a case merely to show that the defendant has used the skill or knowledge known to him or others in his field. The care or skill that must be shown must depend on what is the information or advice sought and which the defendant has represented that he can give. On the basis of the record there was no want of care on the part of the respondent's agent who was knowledgeable in his field and who responded to what was asked of him.Per Martland, Judson, Ritchie, Pigeon, Beetz and de Grandpré JJ.: While the estimate turned out to be much less...See the full content of this document
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