If plaintiff had retained the home and at the trial date could she say she intended to occupy or retain the home, and if so, would the cost of the home be taken into consideration for damages?
Alberta, Canada
The following excerpt is from Olson v. New Home Certification Program of Alberta, 1986 CanLII 1640 (AB QB):
If plaintiff had retained the home and at the trial date could say he intended to occupy or retain same and repair, and if believed, consideration could be given to the cost of repairs, as that might well be the fair measure of his damages: Karod v. Lingstom (1983), 30 R.P.R. 1 (B.C.S.C.).
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