October 27, 2014
By Brad Smith
Ghosts and goblins can play a role in the law. There is Latin phrase, caveat emptor, which means, let the buyer beware. This was never so true in a recent court case, 1784773 Ont. Inc. v K-W Labour Association et al.
After selling some property, the seller reported in the local media that he heard rumours the property was haunted. The purchaser sued, alleging the seller failed to disclose the haunting. The Court dismissed the action and ruled the seller did not fail to disclose a defect because, in part, it is not possible to prove the existence of a ghost. It is truly buyer “beware”.