Can a home inspector be successful in obtaining summary judgment against a purchaser who signed an authorization for a home inspection without reading it?

Alberta, Canada


The following excerpt is from 331399 Alberta Ltd. v. Worthington Properties Inc., 2010 ABQB 543 (CanLII):

In Ayotte v. Demery 2007 MBQB 66, a purchaser hired a home inspector who completed the inspection and was paid. Later he asked the purchaser to sign the authorization for the inspection, which she did without reading it. It contained a number of new terms. The court held that the underlying contract had already been agreed to and fully performed. Moreover, while the purchaser was careless, the inspector was not totally lacking in fault as it was represented that the document was merely an authorization, not an introduction of new terms. In these unusual circumstances, the court determined that the defence of non est factum was not precluded, and refused to grant summary judgment.

Other Questions


What is the legal test for summary judgment or summary dismissal? (Alberta, Canada)
In what circumstances will a lender be able to obtain summary judgment in a claim that its agents were involved in a fraud? (Alberta, Canada)
Can a waiver be signed to allow a summary conviction court to transfer information between two summary conviction courts? (Alberta, Canada)
What is the test for summary judgment in a motion for summary dismissal? (Alberta, Canada)
Is a motion for a default judgment equivalent to that obtained upon a Statement of Claim? (Alberta, Canada)
What is the scope of a review of the evidence in the context of a motion for summary judgment? (Alberta, Canada)
What is the legal test for a summary judgment in a contractual interpretation matter? (Alberta, Canada)
Can directors of a company purchase their shares without disclosing pending negotiations for the sale of the company's undertaking? (Alberta, Canada)
When authority from Scotland has been incorporated into our law, is it appropriate that we reconsider our decisions when authority from another jurisdiction is called into question in that jurisdiction? (Alberta, Canada)
In what circumstances will a court grant summary judgment in a personal injury action? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.