What is the test for distinguishing latent from patent defects?
British Columbia, Canada
The following excerpt is from Lavigne v. Ellis, 2014 BCSC 1557 (CanLII):
In the Court of Appeal judgment in Cardwell v. Perthen, 2007 BCCA 313, Levine J.A., for the court, affirmed the trial judge’s test for distinguishing latent and patent defects at paras. 43 and 44:
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