Proven Courtroom Advocates · Offices in Toronto, Huntsville and Bowmanville

Topic

Latent Defects

Civil Litigation & Appellate Advocacy

Hidden property defects that a buyer could not discover on reasonable inspection, and a vendor’s potential liability for failing to disclose them.

Navy Davidson Cahill Morrison LLP title card reading "Ottawa Floods and Construction Defects," with a photo of partner Peter Reinitzer.

After the Deluge: When Ottawa Basement Flooding Points to Construction Deficiencies

The historic Canada Day 2026 storm left thousands of Ottawa homeowners tearing out drywall and replacing ruined furnaces. But an extraordinary weather event does not absolve builders and engineers of liability: where one home floods while its neighbours stay dry, the real cause may be a hidden construction defect, and that opens a very different path to recovery, if you act before the limitation clock runs out.

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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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