This case reached the Supreme Court of Canada on 8 December 2012. Leave to appeal was denied. The Court therefore by implication endorsed the ruling of the Ontario Court of Appeal and indicated that there was nothing new or novel in the appeal.
Let’s have a look at the decision of the Ontario Court of Appeal.
Krawchuk v. Scherbak: Seller Property Information Statement
The Ontario Court of Appeal, the highest court in Ontario released its reasons for Judgment in Krawchuk v. Scherbak on 6 May 2011. While there may not be any “new law” in this decision, the Court confirms and approves certain other lower court decisions. In that sense, the liability of potential tortfeasors has been emphasized and the direction of Ontario law is clear.
Since this case reviewed the use of the Seller Property Information Statement in detail in its 66 page decision, it has become the most important source of guidance concerning the role of the document in real estate transactions.
Brian Madigan LL.B., Broker