Woodward v. Artisan Homes Inc., [2015] A.R. TBEd. DE.137

• Jurisdiction: Alberta
• Court: Provincial Court of Alberta (Canada)
• Judge: Ingram, P.C.J.
• Citation: [2015] A.R. TBEd. DE.137,2015 ABPC 226
• Date: 15 October 2015

Woodward v. Artisan Homes Inc., [2015] A.R. TBEd. DE.137

MLB being edited

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

Temp. Cite: [2015] A.R. TBEd. DE.137

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

(P1390301313; 2015 ABPC 226)

Indexed As: Woodward v. Artisan Homes Inc.

Alberta Provincial Court

Ingram, P.C.J.

November 3, 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 granted judgment for the plaintiff in the amount of $26,800.

Consumer Law - Topic 1805

Sale of goods and services - Breach - Remedies of buyer - Rescission - See paragraphs 45 to 49.

Contracts - Topic 4194

Remedies for breach - Rescission - Grounds - Innocent misrepresentation - See paragraphs 43 and 44.

Fraud and Misrepresentation - Topic 2506

Misrepresentation - General principles - Innocent misrepresentation - See paragraphs 40 to 43.

Counsel:

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

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

This case was heard on October 15, 2015, by Ingram, P.C.J., of the Alberta Provincial Court, who delivered the following decision on November 3, 2015.