IN THE SUPREME COURT OF NOVA SCOTIA
Citation: David v. Halifax (Regional Municipality), 2003 NSSC 171
Date: 20030812
Docket: SH 162318
Registry: Halifax
Between:
Marty David; Paul F. Williams; Maurice Allison Jr.; M.C. Allison; Florence D. Smith; Dawn Marsman; Valmah Anderson; Sabrina Wellington; Victor A. Wellington; Cecila Williams; Donald E. Anderson; Wendell David; Randall David; Myles Simms; Carolyn Allison; Spencer Anderson; Bertina Oliver; Clifford Oliver; Ruth Anderson; Dennis Oliver; Carl Marsman; Geneva Marsman; Ismaid Kadir; Wayne Williams; Daniel Jackson; Charles Jackson; Alfaretta Williams; Raymond David; Neil H. Anderson; Wesley H. Anderson; Alfreda Anderson; Viola Marsman; Rhona Simms; Lynn David; Lilena Jones; Walter Jones; Ruby Oliver; Norma Marsman; Curtis Marsman; Doreen Mantley; Lillian Carvery; Goldie David; Leeman David; Jacqueline Cromwell; Maxwell Mantley; Douglas Oliver; Vera Gibson; Nelson Anderson; Marion Anderson; Esther Peterson; Clyde Oliver; Alden Oliver; Manual David; Russell David; Christopher F. Jones; Margaret Brushett; Tracy Kelsie; Brian David; Aubrey Whiley; Joyce Symonds; Yvonne Redmond; Carl Redmond; Clark Symonds; Audrey Symonds; Janell Simms; Daniel R. White; Lee A. Eisenhauer-White; Frankie Allison; Alcora Norton; Daniel J. Norton; Diane Whiley; Wayne Radkey; Clarence Anderson; Buzzell Anderson; Barbara Borden; Kevin Emmerson; Mary Allison; Michelle Simms; Earle Oliver; Earlene Oliver; Melinda Simms; Holly David; Matuelder David; Ann David; Cornel Marsman; Shonna Smith; Milton B. Allison
Plaintiffs
v.
The Regional Municipality of Halifax, Halifax Regional Water Commission, Carl Yates and Reginald Rankin
Defendants
LIBRARY HEADING
Judge: The Honourable Justice Hilroy S. Nathanson
Heard: November 25, 26, 27, 28 and 29, December 2, 3, 4 and 5, 2002 and January 9, 16, 17, 20, 22, 23 and 29, 2003
Last Written
Submission: March 10, 2003
Written Decision: August 11, 2003
Subject: (a) negligence and negligent misrepresentation
Summary: Property owners who solicited municipal, provincial and federal funding for extension of the municipal water service to their community allege that they were promised that the funding would be used only for that purpose and, further, were informed that, if the lowest tender came in below what was estimated, any savings would benefit them in the form of reduced frontage charges, but the savings were used to extend the service to an adjacent area and they received little of the benefit.
The plaintiffs are some of the individual or representatives of assessed owners of properties situated in the community of Upper Hammonds Plains (hereinafter UHP) in the Halifax Regional Municipality (hereinafter HRM). The defendant Carl Yates is the general manager of the defendant Halifax Regional Water Commission (hereinafter HRWC) and a member of its Board of Directors. The defendant Reg Rankin is the HRM Councillor for the district which includes both the UHP community and the adjacent area of English Corner, and is also one of the nominees of HRM Council on the Board of Directors of HRWC. By statute, HRWC is a body corporate, all of whose shares are owned by HRM.
Issue: Are any of the defendants liable for damages for negligent misrepresentation for having told the plaintiffs that lower than expected bids would benefit them by way of lower frontage charges?
Result: Liability for negligent misrepresentation does not extend to Rankin, nor do his statements serve as a basis to attribute liability to HRM.
There is no direct liability in negligence for HRM, but Yates is liable for innocent but negligent misrepresentation and, on an agency basis, such liability extends to HRWC and, in turn, to HRM.
Damages awarded in the amount of $267,400.
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