Is there a genuine issue requiring trial about whether the connecting nut in the flex hose was defective at the time of installation?
Ontario, Canada
The following excerpt is from Martin v Attard Plumbing Ltd., 2015 ONSC 5037 (CanLII):
In the case at bar, there is little doubt that there is a genuine issue requiring a trial about whether the connecting nut in the flex hose was defective at the time of installation or whether the connecting nut was damaged by the cleaning lady cleaning the toilet. However, this genuine issue cannot fairly be resolved using the approach mandated by Hryniak v. Mauldin, supra.
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