The payout settles a class action
law suit on behalf
of the members
of the First Nations communities — Pinaymootang First Nation, Lake St. Martin, Little Saskatchewan and Dauphin River — forced to flee their homes because
of flooding in 2011.
All this new Act will do is increase the number
of ridiculous
law suits that
flood the courts by people looking to make a quick buck, and screw over hard working individuals trying to keep food in their families mouths.
185 DOS 05 DOS v. Britt - disclosure
of conditions affecting the value or desirability
of listed premises; DOS fails its burden
of proof; res judicata; judgment rendered in civil court between buyer and seller is not controlling in administrative proceeding against licensee where DOS and licensee were not parties in the civil
suit and professional conduct
of the licensee was not litigated; duty
of disclosure to a buyer by a seller's agent is derivative; seller's agent must make the same disclosure to a buyer that the
law requires a seller to make; disclosure by seller's agent to buyer's agent
of the condition
of the property as known by seller's agent was timely, proper and essentially a disclosure to buyer
of that information; DOS has failed to prove by substantial evidence its allegation that basement
flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent
flooding; complaint dismissed