The appellants purchased a home after making it clear to their real estate agent and home inspector that they were allergic to mould.
After moving in, they experienced allergic reactions to mould.
The trial judge apportioned liability 50% to the inspector, 25% to the agent, and 25% to the appellants for contributory negligence.
On appeal, the Court of Appeal set aside the finding of contributory negligence, as the trial judge had found the appellants lacked the knowledge to appreciate the warning signs in the report.
The Court also set aside the finding of negligence against the agent, as no expert evidence was called regarding the standard of care.
The inspector was held 100% liable.
