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--- nb:michaud_c._levesque_1980_canlii_3140_nb_ca [2026/08/29 00:32] – created victorzhou
+++ nb:michaud_c._levesque_1980_canlii_3140_nb_ca [2026/08/29 07:42] (current) – victorzhou
@@ Line 92: / Line 92: @@
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-I am not convinced that the legal principles given in these decisions can be applied in this case. The evidence clearly shows that the appellant had no knowledge of the sump pump and no reason to suspect there was one. I gave the reasons for such a conclusion in the summary of facts. Additionally, the vendor made no such allusion and the purchaser conducted them-self in the same way as the appellant had no way of knowing of the existence of the sump pump and consequently, had no reason to ask such questions. When one examines the totality of the circumstances in this specific case, it would be absolutely unreasonable to impose a penalty on the appellant
+I am not convinced that the legal principles given in these decisions can be applied in this case. The evidence clearly shows that the appellant had no knowledge of the sump pump and no reason to suspect there was one. I gave the reasons for such a conclusion in the summary of facts. Additionally, the vendor made no such allusion and the purchaser conducted them-self in the same way as the appellant had no way of knowing of the existence of the sump pump and consequently, had no reason to ask such questions. When one examines the totality of the circumstances in this specific case, it would be absolutely unreasonable to impose a penalty on the appellant for failing to foresee such circumstances. It would be as reasonable to impose a requirement that the appellant know the thickness of the insulation inside the walls, a proposition that makes little sense. Given the conclusion that there was no such requirement, there was also no negligence to inform. I am of the view to allow the appeal and overturn the decision.
+The appeal is allowed with costs.
+//Appeal allowed.//