Ontario Civil


Civil Procedure

SUMMARY JUDGMENT
No evidence of economic loss or damage as result of sigma of haunted property

Plaintiff purchased commercial property from defendant. Article appeared in newspaper in which director of defendant was quoted as saying that property was haunted. Plaintiff commenced action on basis that there was latent defect in property that defendant knew about and concealed or failed to disclose, namely, death or murder at property. Defendant successfully brought motion for summary judgment and claim was dismissed. Plaintiff appealed. Appeal dismissed. There was no direct evidence of economic loss or damage as result of stigma of haunted property. There was no direct evidence from anyone who observed any strange occurrences at property. Motion judge did not err in concluding that case was proper one for dismissal on summary judgment.

1784773 Ontario Inc. v. K-W Labour Assn. Inc. (Apr. 14, 2014, Ont. C.A., Feldman J.A., Rouleau J.A., and Hourigan J.A., File No. CA C57674) Decision at 234 A.C.W.S. (3d) 1067 was affirmed.  239 A.C.W.S. (3d) 529.

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