Austin v. MacFarlane, 2026 ONSC 463. The Ontario Superior Court found negligent misrepresentation where a vendor failed to disclose longstanding water infiltration and associated foundation damage. The purchaser recovered repair costs together with $10,000 for mental stress and inconvenience arising from the disruption to the home. The decision illustrates how an independently established tort may support general damages, and should not be read as a general award for emotional upset after an ordinary commercial breach of contract.
Case card
Austin v. MacFarlane, 2026 ONSC 463
The Ontario Superior Court held a vendor liable for negligent misrepresentation after serious latent property defects were concealed and awarded $10,000 for prolonged mental stress and inconvenience in addition to repair costs. The damages arose in the context of misrepresentation, not an ordinary commercial promise of psychological security.
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