What is the test for making a claim in a contract where there is a defect in the contract?
British Columbia, Canada
The following excerpt is from Perrault v. North Vancouver (District), 2010 BCSC 182 (CanLII):
In Bracic v. Prior, 2003 BCSC 106 Warren J. stated at para. 55: The claim in contract requires evidence to establish on a balance of probabilities that there was a defect, that it was latent, and that it was known to the defendant.
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