What is the test for identifying a latent defect in a property?
British Columbia, Canada
The following excerpt is from Thind v. Chen, 2021 BCCRT 730 (CanLII):
25. A latent defect cannot be discovered through a reasonable inspection of the property and includes defects that render the property dangerous or unfit for living. A patent defect can be discovered by conducting a reasonable inspection and making reasonable inquiries about the property. A seller is not required to disclose patent defects to a buyer, but they must not actively conceal them (Cardwell v. Perthen, 2007 BCCA 313).
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