Woodward v. Artisan Homes Inc., [2015] A.R. TBEd. DE.138

• Judge: Ingram, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 13, 2015
• Citations: [2015] A.R. TBEd. DE.138;2015 ABPC 267

Woodward v. Artisan Homes Inc., [2015] A.R. TBEd. DE.138

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. DE.138

Deirdre Woodward and Lee Woodward (plaintiffs) v. Artisan Homes Inc. (defendant)

(P1390301313; 2015 ABPC 267)

Indexed As: Woodward v. Artisan Homes Inc.

Alberta Provincial Court

Ingram, P.C.J.

December 15, 2015.

Summary:

By an agreement in writing made on February 5, 2012, the plaintiffs, as purchasers, agreed with the defendant, as vendor, to purchase for $535,657.50, a lot and a custom home to be built by the defendant. The plaintiffs paid $26,800 as a deposit under the agreement. In the result the home was not built and the land was not transferred to the plaintiffs. The plaintiffs sought to recover the deposit money together with damages in the further amount of $10,000.

The Alberta Provincial Court, in a decision reported at [2015] A.R. TBEd. DE.137, granted judgment for the plaintiff in the amount of $26,800.

The Alberta Provincial Court reduced the award to $25,000, the court's financial jurisdiction. The court awarded the plaintiff $4,000 costs.

Practice - Topic 7109.1

Costs - Party and party costs - Special orders - Increased costs (based on solicitor and client or special costs) - See paragraphs 3 to 12.

Practice - Topic 7117

Costs - Party and party costs - Special orders - Lump sum in lieu of taxed costs - See paragraph 12.

Practice - Topic 7243

Costs - Party and party costs - Offers to settle - Effect of failure to accept - See paragraph 10.

Counsel:

Tara Mathesen (Duncan & Craig LLP), for the plaintiffs;

Brian Doherty (Doherty Schuldhaus LLP), for the defendant.

This matter was heard on October 13, 2015, by Ingram, P.C.J., of the Alberta Provincial Court, who delivered the following decision on December 15, 2015.