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.
