What is the test for making a premises unfit for habitation?

55. Laforme J. in Swayze v. Robertson [2001] O.J. No. 968 (Superior Court of Justice) took the following view with respect to a wet basement that was discovered six months after closing: “Furthermore, I am of the opinion that the term "premises unfit for habitation" does not mean that the defect must be such that the entire residence must be rendered uninhabitable. Rather, in cases such as this I am of the view that application of the principle can, and must mean something more qualified. 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 of use, occupation and 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. That, I find has been established in the case at bar.”