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Latent defects

Sellers and buyers, beware – of hidden defects

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Whether you sell or purchase a property, you may be faced with one of the following situations that must be dealt with promptly. If you sold your property, or you intend to do so, claims can be made against you for hidden defects months or even years later.
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Tassé c. Jacques, 2015 QCCS 6031 (CanLII)

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Issue:  Do cracks revealed by the inspector constitute awareness of defect? The facts: 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.
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ABB Inc. v. Domtar Inc., [2007] 3 SCR 461, 2007 SCC 50 (CanLII)

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Issue:  What are the conditions for the existence of latent defects and how to evaluate whether a defect is hidden or not. Decision: Whether a defect is hidden or not is assessed objectively. 
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