Clarke

The appellants appealed a trial judge's decision regarding a real estate transaction involving a septic system.

The appellants argued that the vendors actively concealed a latent defect.

The Divisional Court dismissed the appeal, finding no palpable or overriding error by the trial judge.

The property was sold 'as is', the purchasers were experienced realtors who insisted on the warranty clause, and there was no evidence of existing problems with the septic system at the time of closing.

The appeal was dismissed without costs.

The appellant landlords appealed a Board of Inquiry decision finding that their use of rent-to-income ratios to screen prospective tenants constituted constructive discrimination under the Human Rights Code.

The Divisional Court upheld the Board's findings that the sole use of such criteria disproportionately excluded protected groups and was not a bona fide requirement.

However, the Court amended the Board's forward-looking prohibition against using income criteria, noting that recent amendments to the Code and O. Reg. 290/98 now expressly permit landlords to use income information in specific ways.