Proven Courtroom Advocates · Offices in Toronto, Huntsville and Bowmanville

Topic

Damages

Civil Litigation & Appellate Advocacy
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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Apartment Building

No Damages Awarded for “The Building that Blew Up”: $16 Million Damages Claim Dismissed After 13-Years of Litigation

Liability for the 2010 laundry-room gas explosion was admitted, so the only question at trial was damages, and the plaintiffs sought more than $16 million. After a four-week trial and nearly 13 years of litigation, Justice Schabas of the Ontario Superior Court dismissed the action entirely, finding the plaintiffs had not proven the explosion caused their claimed losses. Christopher Morrison and Margaret Klassen acted for the fourth parties.

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TTC Bus

Ontario Court of Appeal Upholds $1.5 Million Jury Award in TTC Bus Collision Case

A pickup truck stopped in traffic, a rear-end collision with a TTC bus, and a jury award topping $1.5 million for chronic pain and lost earning capacity. On appeal, the defendants attacked the trial judge’s jury charge on causation, apportionment, and past income loss. In Meldazy v Nassar, 2025 ONCA 590, the Court of Appeal found no error and dismissed the appeal, a reminder that an appeal is not a second trial.

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Interior of Osgoode Hall

Court of Appeal Upholds Nearly $1 Million in Costs Following Jury Trial in Pye v Di Trapani

An 18-day jury trial, a damages award just over $1 million, and a costs award of nearly the same amount: the defendants said the trial judge had failed to test the plaintiff’s costs for reasonableness and proportionality. In Pye v Di Trapani, 2025 ONCA 355, the Court of Appeal disagreed, reaffirming the broad discretion trial judges hold over costs and the powerful role a Rule 49 offer plays in the result.

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