2 total
Motion for leave to appeal temporary order dismissed with no costs awarded.
The moving party brought a motion for leave to appeal paragraph 2 of a temporary order.
The Divisional Court dismissed the motion for leave to appeal.
No costs were ordered as the responding party failed to upload a costs outline.
Purchasers' claim for undisclosed basement water damage dismissed due to lack of vendor knowledge.
The plaintiffs, purchasers of a residential property, claimed damages against the defendant vendor for an alleged undisclosed latent defect (basement water leakage) and fraudulent misrepresentation.
The court applied the doctrine of caveat emptor, finding that the plaintiffs failed to prove the defect was latent or that the defendant had knowledge of it, was reckless, or actively concealed it.
The court also found the plaintiffs' expert evidence inadmissible due to non-compliance with Rule 53.03.
The action was dismissed.
