Standard of Care For Home Inspector (Proof)

In Miller Desjardins v. JF Lajoie Construction Inc. et al, 2025 ONSC 2522, the Ontario Superior Court of Justice, through Judge Flaherty considered a home inspection report.

What is the standard?

How do you prove it?

My comments below appear in Italics

[12]           Mr. Lajoie initially testified that he was a certified home inspector. In cross-examination, however, he acknowledged that he does not hold any home inspection certification.

Lajoie just made this up. He said he was “certified”, but he wasn’t certified by anyone

He has experience in construction and certification in septic systems and heating and ventilation.

However, Mr. Lajoie has no educational background, training, or certification specific to home inspections.

          Zero education, and zero training, that’s not good

Although Mr. Lajoie was once a member of the International Association of Certified Home Inspectors, he has not been a member of that or any professional home inspection association for approximately 20 years.

          Lajoie had been a member of a relevant association over 20 years ago

The Standard of Care

[28]           The applicable standard of care is what a qualified home inspector, acting reasonably, would have done in similar circumstances: Deters v Elliot, 2017 ONSC 4224 at para. 93 (“Deters”). 

[29]           Mr. Azzi testified for the Plaintiffs and was qualified as an expert witness. The Defendants did not seek to provide any expert evidence. 

[30]           Mr. Azzi’s evidence is relevant and necessary to assist the trier of fact, to understand the duty of care owed by home inspectors and whether it was met in the circumstances.

As the court explained in Deters, at para. 100, the question of what action a home inspector reasonably ought to take to determine the condition of components is a technical matter that lies outside the knowledge of an ordinary individual.

There was no allegation that Mr. Azzi’s evidence was partial. 

[31]           In essence, Mr. Azzi testified that the industry standards are established by the Canadian Association of Home and Property Inspectors (“Association”).

He specifically referred to the 2012 national standards of practice (“Standards”), which were in effect when Mr. Lajoie inspected the Property in 2020.

Standards such as these have been applied by courts determining the standard of care in home inspection cases: Deters, at paras. 102 – 104 and Henrico v. Frontline Home Inspectors and Consultants Limited, 2018 ONSC 1312 at paras. 23 to 25.  I accept that the Standards establish the standard of care applicable in this case.

[32]           The Standards state that inspections are not technically exhaustive or meant to identify concealed conditions or latent defects.

The Standards reflect the inherent limitations of a visual and non-invasive inspection. Most relevant to this case, the Standards direct inspectors to:

a.      inspect readily accessible, visibly observable installed systems and components of the building.

b.      report on those systems and components that have a significant deficiency, are unsafe, or are near the end of their service lives.

c.      report on recommendations to correct or monitor the reported deficiency.

d.      report on any system or component that was present at the time of the inspection but that was not inspected and provide a reason why it was not inspected.

e.      inspect a representative number of components such as windows and electric outlines. A representative sample is defined as one component per room for multiple similar interior rooms. For the exterior, a representative sample is one component on each side of the building.

f.        Describe certain components of the home, including the roof coverings; the foundation; the wall, ceiling, and roof structures; and the windows and doors.  

[33]           Significantly, the Standards define reporting as “to communicate in writing.”

[34]           Counsel for Mr. Lajoie submits that the Standards do not apply to Mr. Lajoie for two reasons: because he is not a member of the Association and because the inspection was done on an urgent basis. I disagree.

[35]           In assessing the standard of care, the issue is what a qualified home inspector, acting reasonably, would have done in similar circumstances. Mr. Azzi testified, and I accept, that the reasonable expectations of a qualified home inspector are set out in the Standards. Indeed, in his own testimony, Mr. Lajoie acknowledged that the Standards establish the applicable norms. The fact that Mr. Lajoie is not a member of the Association does not mean that his home inspections are held to a different standard of care.

Comment

The Trial Judge determined that Expert Witness testimony would be required.

Mr. Azzi testified as an Expert Witness:

• the industry standards are established by the Canadian Association of Home and Property Inspectors
• specifically, the 2012 national standards of practice applied to the current situation.

So, whether Lajoie was a member or not, the standard for the industry was the Association.

It is important to note that this is a voluntary association. The practice of “home inspection” is not regulated in the Province of Ontario. This matter has been under discussion for over a decade, and apparently the intention of the Province is that the industry will be regulated. See:

Home Inspection Act, 2017, S.O. 2017, c. 5, Sched. 1″

Home inspectors are not currently regulated or licensed in Ontario. While a bill to establish mandatory licensing for home inspectors was passed in 2017, it has not been fully implemented. Ontario is working towards regulations, but currently, anyone can call themselves a home inspector. 

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com