What is a patent defect that is visible or discoverable?
British Columbia, Canada
The following excerpt is from Lavigne v. Ellis, 2014 BCSC 1557 (CanLII):
Patent defects are those which are visible or discoverable through reasonable inspection and inquiry. Latent defects are not so discoverable: see Moore v. Walker, 2001 BCSC 1119.
In the Court of Appeal judgment in Cardwell v. Perthen, 2007 BCCA 313, Levine J.A., for the court, affirmed the trial judge’s test for distinguishing latent and patent defects at paras. 43 and 44:
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