Patrick Gladu and wife Danielle Boyer-Gladu purchased a property in Sturgeon Falls, Ont., back in 2009.
The house had been advertised on the North Bay Multiple Listing Service as being a “gorgeous Lake Nipissing 4 bdr Cape Cod-style home” having “2 + 2 bedrooms,” and “2/2 bathrooms.”
A Kijiji ad said the property had “a large detached garage with a one-bedroom apartment.”
The agreement of purchase and sale provided that the sellers, Michel Robineau and Diane Guidon-Robineau, would install a new eco-flow septic system at their own expense.
The sellers also signed a Seller Property Information Statement (SPIS).
The buyers declined a home inspection and, shortly after the deal closed, the well water began to smell and could not be used for drinking.
Patrick Gladu realized that the new septic system was too small for the property and he was advised by the North Bay Mattawa Conservation Authority that the septic system was inadequate. It appeared to Gladu that the garage loft apartment had not been included in the calculations for the size of the new septic system.
The buyers ultimately sued the sellers for damages for misrepresentation. The trial took place in December 2016, before Justice Louise Gauthier. Her judgment was released last month.