Context

• In 2019, the plaintiff purchased land from the defendant after acquiring the rights under an initial promise to purchase signed by
• Après l’acquisition, des tests de sol révèlent une contamination aux hydrocarbures aromatiques polycycliques et à l’arsenic, empêchant la construction d’immeubles locatifs.
• The plaintiff is claiming $45,982.53 for decontamination, $1,230 for miscellaneous expenses and $15,000 for loss of business opportunities, alleging a latent defect and fraud .

Judgement

1. Hidden defect

   • The contamination predated the sale , was unknown to the buyer and prevented the intended use.
   • The documents provided by the defendant indicated a less serious contamination (AB), but not the one revealed (BC and CD).
   • The plaintiff would not have purchased or would have paid a lower price if she had known.

2. Dol rejected

   • The defendant provided environmental studies available to the city.
   • No evidence that she knew about the more serious contamination or that she sought to deceive the buyer.

3. Conviction

   • $45,982.53 reduction in sale pricewith interest.
   • Expert fees of $1,911.46 awarded.
   • $15,000 for lost opportunities rejected