The principle of buyer beware offers some protection to real estate vendors, but it is not an absolute defence to a latent defect claim. If a seller deceives or misleads a buyer about the state of the property, they run the risk of being held liable.
An increasing number of latent-defect plaintiffs are adding claims for mental stress and inconvenience. These claims are highly fact-specific, and judges have taken differing positions on their availability in breach-of-contract actions.
A party might end up with a default judgment against them in a civil case for all kinds of reasons. However, courts are generally inclined to be forgiving when a party can present a reasonable excuse for their previous delinquent behaviour. The bottom line for defendants who can provide a reasonable explanation for their own default and any delay in bringing the motion to set aside is that they stand a very good chance of success.
The Ontario Superior Court of Justice appears ready to give old-fashioned legal remedies a role to play in the most modern of litigation after a judge granted an Anton Piller Order (APO) in an alleged cryptocurrency hack that is currently gripping the province’s tech...