Vincent Carney

Following a four-day trial in March and April 2025, the plaintiffs were successful against the individual defendant, who was found liable in negligence and negligent misrepresentation with damages awarded at $64,211.80.

The court determined costs on a substantial indemnity basis as of March 28, 2023, and partial indemnity basis prior to that date.

The court rejected the defendants' arguments that the plaintiffs' costs were excessive and that Rule 49 should not apply, finding that the plaintiffs' costs were reasonable and that the defendants' conduct contributed to increased litigation costs.

The decision concerns a claim by Monique Miller and Michel Desjardins against Jacques Lajoie, a home inspector, and his company, for negligence and negligent misrepresentation in the conduct of a pre-purchase home inspection.

The court found that Mr. Lajoie failed to meet the standard of care required of a reasonable and prudent home inspector, particularly in failing to report in writing on significant, visible deficiencies in the foundation, roof, and windows.

The plaintiffs reasonably relied on the inspection report in deciding to purchase the property and suffered damages as a result.

The court awarded damages for the cost of repairs to the foundation, roof, and a portion of the windows and doors.