What is the test for a latent defect in a building?
Ontario, Canada
The following excerpt is from Beaudoin v. Lauzon, 2006 CanLII 21774 (ON SC):
The test for a latent defect can be as stated in Swayze v. Robertson:[4] A latent defect as it relates to the case at bar is in effect some fault in the structure that is not readily apparent to an ordinary purchaser during a routine inspection. Inordinately, if a vendor actively conceals a latent defect, the rule of caveat emptor no longer applies and the purchaser is entitled, at their option, to ask for a rescission of the contract or compensation for damages.
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