For example, a patent defect
causing water damage could involve leaky pipes, which should have been detected during an inspection and repaired.
The standing committee report has recommended that a sub- clause ( b) should be included, saying foreign suppliers are also liable if there is a latent or patent defect
, supply of sub- standard material, defective equipment or services or gross negligence on the part of the supplier.
An example of a case involving a patent defect is 638733 Ontario Inc.
The defendant vendor argued that the defect in the roof was a patent defect.
where the Manitoba Court of Queen's Bench dealt with a situation involving water seepage in a basement wall that at one time was considered as a latent defect but later, due to its obviousness, became a patent defect.
The amended clause would have made the supplier liable in the case "the nuclear incident has resulted as a consequence of latent or patent defect
, supply of sub-standard material, defective equipment or services or from gross negligence on the part of the supplier of the material, equipment or services".
A patent defect is a fault in the structure or condition of a property which is readily apparent to an ordinary purchaser during a routine inspection.
This means that a purchaser who sees evidence of water leakage in a basement or ought to have seen the water leakage on a reasonable inspection is prevented from recovery for damage because the defect is a patent defect to which caveat emptor applies.
The proposed amendments have provision for " latent" or " patent defect
in equipment" in the Clause 17( B) of the Bill.
And how honorable was the process that the House committee on justice went through, starting from when it accepted Gadon's complaint despite its patent defects
, and thence to the hearings that exposed not only the hollowness of the charges but also the lengths to which administration allies-including, it would turn out, even some piqued members of the high court-would go to unseat someone officially targeted?
The home inspector is only required to discover patent defects
, not latent defects based on the scope of his inspection, he said.