OAHI members in Court

Originally Posted By: rwand1
This post was automatically imported from our archived forum.



For your edification and delectation…


Li v. Baker Street Home Inspection Services Inc.

Citation : 2005 CanLII 32919 (ONTARIO SUPREME COURT.)
Date: August 9, 2005
Language: en
Ontario > Superior Court of Justice

http://www.canlii.org/on/cas/onsc/2005/2005onsc14571.html


--
Raymond Wand
Alton, ON
The value of experience is not in seeing much,
but in seeing wisely. - Sir William Osler 1905
NACHI Member
Registered Home Inspector (OAHI)
http://www.raymondwand.ca

Originally Posted By: rfarruggia
This post was automatically imported from our archived forum.



Looks like the inspector did his job. This action was dismissed.


We can all learn from reading these, even if the action was not in our jurisdiction. I believe that most of the times this happens (lawsuits) if not from a failure to perform a competent inspection, but a failure to communicate the findings in an absolutely clear manner.

I am going to start keeping a file of all of the actions against inspectors that I can find, and someday, if I have time, I'd like to thoroughly go over them all to find how we can all report things better (for both our clients and ourselves).

If any of you come across links to other cases, please forward them to me at jerseyinspectors@gmail.com


Originally Posted By: rwand1
This post was automatically imported from our archived forum.



In my opinion the plaintiffs inspector should not have taken on this case knowing what the case law is and what the contracted stated. He even helped with the defence by referring to the SOP! If I was approached with such a request I would have weighed the facts better than what was demonstrated. And in my opinion the lawyer for the plaintiff did not advise their client very well under the circumstances. From my experience some lawyers are to quick to take on a case knowing full well the likely outcome based on case law.


When I am retained for such cases I always assess the facts and what case law states for similiar circumstances. If I know the likely outcome I would refuse to get involved. The only winner in this case was the plaintiffs inspector and the lawyers.

My thoughts.


--
Raymond Wand
Alton, ON
The value of experience is not in seeing much,
but in seeing wisely. - Sir William Osler 1905
NACHI Member
Registered Home Inspector (OAHI)
http://www.raymondwand.ca

Originally Posted By: lwillick
This post was automatically imported from our archived forum.



Hi Raymond:


I agree with you about this court case.


I also had a very severe legal court case wrap up last year. I insisted that it go to court. Errors & ommissions insurance refused to talk to me or to discuss anything until a week prior to the court case. They wanted me to admit guilt and settle out of court. I pushed it through and I was judged to be an expert inspector by the judge. In my case I insisted this law suit against me and my company, which is legally incorporated, be put through the court to provide guide lines and to protect inspectors in the future. Point of interest, being incorporated apparently does not protect you. They can sue you independantly and also your company. The court case file registry # is C20015239, between McCrossan Claiment & Canadian Building Inspections Ltd. & Larry Willick - Defendant.


icon_biggrin.gif I hope this information can be passed on to my fellow inspectors and provide protection guide lines.


Regards,


larry


Originally Posted By: rwand1
This post was automatically imported from our archived forum.



Hi Larry


Thanks for the info.

The only thing I would like to add is that as SOP go you can be assured that NACHI SOP would carry the same weight in a courtroom. Actually to be factual NACHI SOP are slightly better.

Regards,


--
Raymond Wand
Alton, ON
The value of experience is not in seeing much,
but in seeing wisely. - Sir William Osler 1905
NACHI Member
Registered Home Inspector (OAHI)
http://www.raymondwand.ca

Originally Posted By: lwillick
This post was automatically imported from our archived forum.



Thanks Raymond:


God Bless!


Regards


larry icon_biggrin.gif