Latent Defects | Davidson Cahill Morrison LLP

Navy Davidson Cahill Morrison LLP title card reading "Slatkovsky v Machado", with the line "A non-delegable permit duty and a dual agent's duty to disclose". Case comment, civil litigation, from dcmlaw.ca.

Unpermitted Renovations and Dual Agency: Key Takeaways from Slatkovsky v Machado

Peter Reinitzer June 19, 2026

A Puslinch century farmhouse looked beautifully renovated. The structural work had no building permit, and no one disclosed it. In Slatkovsky v Machado, the Ontario Superior Court held both the vendors and their double-ending agent liable, awarding the buyers $150,318 and confirming that the owner’s permit duty cannot be passed off to a contractor.

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

Peter Reinitzer March 6, 2026

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.