Proven Courtroom Advocates · Offices in Toronto, Huntsville and Bowmanville

Author

Peter Reinitzer

Civil Litigation & Appellate Advocacy
Peter is a partner at Davidson Cahill Morrison LLP. A fearless advocate, Peter uses a combination of trial advocacy and creative alternative dispute resolution techniques to help his clients achieve their desired outcomes. Peter frequently attends at the Superior Court of Justice and the Court of Appeal where he has successfully litigated numerous trials and appeals. He has also successfully resolved countless disputes by way of mediated settlement.
Latent Defects and Vendor Liability: Lessons from Austin v. MacFarlane

Latent Defects and Vendor Liability: Lessons from Austin v. MacFarlane

A purchaser must inspect, but a vendor cannot hide behind “buyer beware” after actively concealing what is wrong with a home. In Austin v MacFarlane, 2026 ONSC 463, a North Bay buyer discovered foundation cracks, hidden mould, and an improperly built deck days after closing, with repairs exceeding $119,000. The Ontario Superior Court explains where vendor silence ends and active concealment begins.

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Home Under Construction

No Damages Beyond “Buyer Beware”: Residential Renovations, the Building Code, and Construction Negligence

When a homeowner takes on a major renovation, they can step into the legal shoes of a builder, and the duties that come with it cannot be signed away in a standard form contract. In Oliva v Dickson, 2025 ONSC 6666, the court mapped the intersection of contract, the Ontario Building Code, and the duty owed to later purchasers. The decision draws on Breen v Lake of Bays and Wesley v Geneau, two matters in which Davidson Cahill Morrison LLP acted for the successful parties.

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Building inspector with a clipboard

Huether v Sharpe: Continuous Liability of Municipalities in their Regulation of Residential Construction

The Building Code Act and the Ontario Building Code comprise a regime that both empowers and requires municipalities to regulate residential construction. The purpose of this regime is to protect the health and safety of the public by enforcing safety standards for all construction standards.[iii] With the coming into force of this regime on December 31, 1975, the Province of Ontario made the policy decision for municipalities to appoint inspectors who will inspect construction projects and enforce the applicable construction standards.

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