What are the limitation clauses in a home inspector's report?

Manitoba, Canada


The following excerpt is from Ayotte v. Demery et al., 2007 MBQB 66 (CanLII):

The plaintiff also cites Flemming v. Yakimchuk, [2000] A.J. No. 745. That was a case similar to this where the court found that the home inspector had carried out a negligent inspection and where the inspector relied upon limitation of liability clauses in or connected to his report. The document in question had never been seen by the plaintiffs prior to the completion of the inspection and their reliance on the report. The court held that the limitation provisions were not applicable. However, there was no indication that the plaintiffs had signed or in any way assented to the document containing the limitation clauses and that is an important difference from the instant case.

Other Questions


Can a clause 32 of a Lease Agreement exclude liability? (Manitoba, Canada)
What is the ultimate limitation of leave to begin or to continue an action? (Manitoba, Canada)
What is the impact of not having a mental health or lifestyle report before a hearing? (Manitoba, Canada)
What is the test for an amendment to the limitation period on sexual assault? (Manitoba, Canada)
What is the test for discovery of a claim for limitation purposes? (Manitoba, Canada)
How has the privative clause been interpreted in the context of an administrative tribunal case? (Manitoba, Canada)
Can a plaintiff amend their pleadings to seek a limitation period on damages? (Manitoba, Canada)
Is clause 32 of a Lease enforceable? (Manitoba, Canada)
Can a statutory immunity clause bar access to judicial review? (Manitoba, Canada)
What is the effect of an arbitration clause in a contract? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.