What is the legal basis for a claim for environmental damages arising from a purchase and sale agreement of a property containing waste and environmentally materials?

The agreement of purchase and sale acknowledges that the vendor has inspected the property and takes it, as is. There is no evidence of a misrepresentation, improper practices, or fraud. Still further, even should there be allegations of facts requiring a trial; there is no basis in law to establish a proposed claim for damages by the defendant upon the purchased property containing waste and environmentally sensitive materials. There is no allegation of a misrepresentation with regard to such materials. There is therefore a lack of a connection close, or otherwise, to activate a recognizable claim in equitable set off. See Holt v. Telford, 1987 CanLII 18 (SCC), [1987] 2 S.C.R. 193 at para. 33.