The defendant vendor brought a motion to strike the claim or, alternatively, for summary judgment dismissing an action alleging nondisclosure of a latent defect in a commercial property.
The purchaser relied on a newspaper article quoting a director of the vendor joking that the building was “haunted,” asserting that this indicated an undisclosed death or murder at the property.
The court held there was no evidence that a death had occurred and no evidence that the property suffered from any defect rendering it unfit or dangerous.
Allegations based on rumours of ghosts or property stigma did not constitute a latent defect requiring disclosure.
Summary judgment was granted as there was no genuine issue requiring a trial.
