What is the legal test for misrepresentation and concealment of material latent defects?
Saskatchewan, Canada
The following excerpt is from Stann v. Lukan, 2007 SKQB 366 (CanLII):
The other requirement in respect of this issue, is that the misrepresentation (fraudulent because of the concealment) must operate in the mind of the person seeking such relief so as to induce him to enter into the contract. Again, the Stanns must prove reliance. Where a purchaser voluntarily assumes the role of investigator, such as employing of an inspector and no artifice is employed by the vendor to prevent discovery of the truth, the purchaser cannot be said to have relied on the vendor, even if the vendor was fully aware of material latent defects Hoy v. Lozanovski, supra.
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