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Latent defects

ABB Inc. v. Domtar Inc., [2007] 3 SCR 461, 2007 SCC 50 (CanLII)

Issue:  What are the conditions for the existence of latent defects and how to evaluate whether a defect is hidden or not.  Complete Decision. Decision: Whether a defect is hidden or not is assessed objectively.  One must review the buyer’s examination of the good in light of what a prudent and diligent buyer of identical expertise […]

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Tassé c. Jacques, 2015 QCCS 6031 (CanLII)

Issue:  Do cracks revealed by the inspector constitute awareness of defect?  Complete Decision.  Three months after the purchase of a 26 years old home the purchasers (Plaintiffs) find the concrete slab in the basement under the floating floor is swelling.  Decision: The Court concludes there is a latent defect for a portion of the claim […]

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