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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 relating to the upper part of the basement because the thickness of the concrete slab was not according to code among other factors. The Court finds that Plaintiffs could not have been aware of said defect because the pre sale inspection report, while referring to 3 cracks in the slab, did not raise a suspicion that the slab would swell and break as a result of the non conformity.  The Court dismisses Plaintiffs claim for the lower basement floor because they began the repairs and poured the concrete before the vendors (Defendants) could verify the existence of the alleged defect.  The Court awarded Plaintiff’s $34,690.