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Simon Shields, LLB

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Ontario Litigants
Since 2005

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Orders - Reasons for Decision

Judgments - Reasons for Decision

Torts - Negligent Misrepresentation - Defects in Real Property on Sale

Barbieri v. Mastronardi (Ont CA, 2014)

In this case the Court of Appeal addressed two legal points. The first is when a real estate vendor is liable to a purchaser for failing to disclose defects they were aware of with respect to the property sold:
[17] In Ontario a vendor may be liable to the purchaser of a property which is not new if he knows of a latent defect which renders the premises unfit for habitation or dangerous in itself and does not disclose it to the purchaser: McGrath v. MacLean 1979 CanLII 1691 (ON CA), (1979), 22 O.R. (2d) 784 (C.A.); and Dennis v. Gray, 2011 ONSC 1567 (CanLII), 2011 ONSC 1567, 105 O.R. (3d) 546.
The second point is with respect to the extent and nature of detail required of a judicial decision-maker when issuing reasons for judgment, though the principles expressed might be applicable to quasi-judicial tribunal decisions as well:
[22] In order to allow for meaningful appellant review, the decision of the court must, at a minimum, provide some insight into how the legal conclusion was reached and what facts were relied upon in reaching that conclusion: R. v. Sheppard, 2002 SCC 26 (CanLII), 2002 SCC 26, [2002] 1 S.C.R. 869, at paras. 24, 55; and Crudo Creative Inc. v. Marin 2007 CanLII 60834 (ON SCDC), (2007), 90 O.R. (3d) 213 (Div. Ct.).

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