The appellant purchased a condominium townhouse advertised as three storeys, but later discovered the third floor was illegally built into the common element attic space.
She sued the condominium corporation, the property manager, her real estate lawyers, and the vendor.
The Court of Appeal held that the condominium corporation was liable for negligent misstatement for issuing a clean estoppel certificate despite the illegal third floor.
The court upheld the finding of solicitor negligence against the appellant's real estate lawyers for failing to review the vertical survey plans.
Damages were reassessed to compensate the appellant for the lost opportunity of owning a three-storey unit, and punitive damages against the vendor were upheld.
