Is it necessary for the trial judge to determine whether this residence was unfit for habitation?
Alberta, Canada
The following excerpt is from Jacob v. Pool, 2011 ABPC 321 (CanLII):
Is it necessary for the trial judge to determine whether this residence was unfit for habitation? The case of Biegler v. Stacey (1995) 172 A.R. 57 stands for the proposition that in order for a purchase of a residential property to have a cause of action against a vendor for fraudulent concealment, the concealed defect had to affect the fitness of the home for habitation purposes.
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