In an unusual case, the Court of Appeal has granted the Appeal brought by the Defendants due to the fact that the inadequacy of the endorsement of the motion judge rendered the Court of Appeal unable to “conduct a meaningful review of his decision.”
The Plaintiff purchased a house from one of the Defendants. As it turns out, the house had previously been used as a marijuana grow-op. The Plaintiff alleged that the vendor failed to disclose that a grow-op had previously operated at the property and that the property had an extensive mould problem that renders it uninhabitable.
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