Davidson Cahill Morrison LLPToronto, ON · March 6, 2026Latent Defects and Vendor Liability: Lessons from Austin v. MacFarlane
A purchaser must inspect, but a vendor cannot hide behind “buyer beware” after actively concealing what is wrong with a home. In Austin v MacFarlane, 2026 ONSC 463, a North Bay buyer discovered foundation cracks, hidden mould, and an improperly built deck days after closing, with repairs exceeding $119,000. The Ontario Superior Court explains where vendor silence ends and active concealment begins.
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