The plaintiffs purchased a cottage property in the Township of Lake of Bays in 1999. The previous owner/seller had built the cottage between 1989 and 1991. The Township performed inspections around the time of the build. The plaintiffs initiated renovations to the cottage in 2012. During the renovation process, several latent defects were discovered and the plaintiffs sued the Township for negligence regarding its performance of inspections under the Ontario Building Code, 1986. Following a trial, Justice Sutherland accepted the plaintiffs’ position and ordered the Township to pay damages totaling $360,000.00. In so doing, the court found that the Township owed duties of care not only to owners at the time of inspection, but also subsequent owners of the property.
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