The trial judge accepted and applied the definition of “habitability” prescribed by Laforme J. (as he then was), in Swayze v. Robertson [2001] O.J. 968: I take the position that any decisions regarding habitability of the premises must be made on a common sense and reasoned approach based on the facts of each case. It seems to me that the correct approach must be to consider it in the context of whether the latent defect has caused any loss or use, occupation or enjoyment of any meaningful or material portion of the premises or residence that results in the loss of enjoyment of the premises or residence as a whole.
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